In this estate the total amount realized was $5,222.50. The bankrupt property was sold by the receiver at public sale. The trustee had nothing to do but distribute the money. The business was not conducted by the receiver and there was nothing which required legal services, beyond ordinary administration. The matter was expeditiously disposed of and the goods brought more than the appraised value at the sale.
The attorney for the bankrupt will be allowed a fee of $100. The attorney for the trustee and receiver will be allowed a fee of $300.
Certain other matters call for comment and ruling as follows:
(1) Where the same person acts as receiver and trustee, he is not entitled to double commissions, unless he has conducted the bankrupt business as a going concern or, in rare cases, where he has rendered extraordinary services in either capacity. The commission allowed to the receiver and trustee in this case will therefore be fixed at $145.68.
(2) The attorney for the bankrupt is not entitled to reimbursement as a preferred creditor for filing fee advanced to the bankrupt. See opinion of this court in Re Rosenstein, In Bankruptcy, No. 14850, E.D. Pa., 2 F. Supp. 726.
(3) The attorney for the bankrupt is entitled to reimbursements for expenses of procuring the bankrupt's discharge. While this expenditure does not inure to the benefit of the creditors, it is, nevertheless, in advancement of one of the major purposes of the Bankruptcy Act (11 USCA), and, if the bankrupt has honestly turned over all his assets to his creditors, he should not be compelled to draw upon his exemption to pay for his discharge.
(4) Appraisers are not entitled to an allowance for clerical services in addition to their appraisers' fees and the item for $25 for clerical services is disallowed.
(5) The attorney for the bankrupt is not entitled to an allowance for "expenses of attendance, postage, telephone expenses, etc."
(6) Where no stenographic notes of testimony have been taken, no allowance can be made for "stenographic attendance."
The estate is reopened and re-referred to the referee for further administration in accordance with this opinion. All fees and allowances in excess of those above indicated as proper will be refunded by the parties receiving them and proper distribution of the amount so received made without allowance for further attorney fees or expenses.
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