In re Calpa Products Co.
Cases that cite this one
8 later published cases cite this decision. The 7 that cite it most often are listed here.
- Windsor Communications Group, Inc. v. Rogers & Rogers, Inc. (In re Windsor Communications Group, Inc.) (District Court, E.D. Pennsylvania 1986)
- In re Kroeger Properties and Development, Inc. (United States Bankruptcy Appellate Panel of The Ninth Circuit 1986)
- Matter of Freehold Music Center, Inc. (United States Bankruptcy Court, D. New Jersey 1985)
- In re McDaniels (United States Bankruptcy Court, S.D. Ohio 1988)
- Windsor Communications Group, Inc. v. Rogers & Rogers, Inc. (In re Windsor Communications Group, Inc.) (United States Bankruptcy Court, E.D. Pennsylvania 1985)
- In re Mahoney, Trocki & Associates, Inc. (United States Bankruptcy Court, S.D. California 1985)
- In re Photon Inc. (United States Bankruptcy Court, D. Massachusetts 1982)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
OPINION OF THE COURT
An attorney who represents both a wage claimant and another creditor of a bankrupt is here appealing from an order denying him any compensation and certain reimbursements out of the bankrupt estate.
Though the appellant had requested that he be appointed co-counsel for the trustee, the referee had refused to make the appointment. The record does indicate that despite this lack of status the claimant rendered some service of the type normally rendered by the attorney for the trustee in furtherance of the proper administration of the bankrupt estate. However, the failure of counsel to obtain appointment as attorney for the trustee in accordance with General Order No. 44, bars the requested payment of a fee from the bankrupt estate. Cf. In re National Tool and Mfg. Co., 3d Cir. 1954, 209 F.2d 256; In Matter of Hydrocarbon Chemicals, Inc., 3d Cir. March 13, 1969, 411 F.2d 203.
The evidence adequately supports the referee’s finding that the claimed disbursements arose in connection with fruitless attempts, in which the trustee did not join, to have a decision reviewed by the Supreme Court. In re Calpa Products Co., E.D.Pa.1965, 249 F.Supp. 71, aff’d 3d Cir. 1965, 354 F.2d 1002, cert. denied Grasberger v. Calissi, 383 U.S. 947, 86 S.Ct. 1204, 16 L.Ed.2d 209. We agree with the district court that the bankrupt estate should not be charged with these disbursements, 275 F.Supp. 103.
The judgment will be affirmed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.