In the Matter of Calpa Prods. Co., Bankrupt. Betty G. Zion, Ruth Zion Bressler & Victor A. Bressler, Co-Executors Under the Will of Peter P. Zion, Esquire, Deceased, 411 F.2d 1373 (3rd Cir. 1969). · Go Syfert
Search
In the Matter of Calpa Prods. Co., Bankrupt. Betty G. Zion, Ruth Zion Bressler & Victor A. Bressler, Co-Executors Under the Will of Peter P. Zion, Esquire, Deceased, 411 F.2d 1373 (3rd Cir. 1969). Cases Citing This Book View Copy Cite
32 citation events (1 in the last 25 years) across 15 distinct courts.
Strongest positive: In Re Kroeger Properties and Development, Inc. (bap9, 1986-01-21)
Treatment trajectory · 1969 → 2026 · click a year to view as-of
1969 1997 2026
Top citers, strongest first. 3 distinct citers. How cited ↗
discussed Cited as authority (rule) In Re Kroeger Properties and Development, Inc. (2×)
9th Cir. BAP · 1986 · confidence medium
See Matter of Futuronics Corp., 655 F.2d 463, 469 (2nd Cir.1981); In re Calpa Products Co., 411 F.2d 1373, 1374 (3d Cir.1969); Grochenour v. Cleveland Terminals Bldg.
discussed Cited "see, e.g." In Re Mason
Bankr. D.N.J. · 1986 · signal: see, e.g. · confidence low
See, e.g., In re Calpa Products Company, 411 F.2d 1373 (3d Cir.1969); In re Hydrocarbon Chemicals, Inc., 411 F.2d 203 (3d Cir.), cert. denied, 396 U.S. 823 , 90 S.Ct. 66 , 24 L.Ed.2d 74 (1969); In re National Tool & Mfg.
cited Cited "see, e.g." In re Whitemere Development Corp.
Bankr. D.N.J. · 1986 · signal: see also · confidence low
See also In re Calpa Products Company, 411 F.2d 1373 (3rd Cir.1969).
Retrieving the full opinion text from the archive…
In the Matter of Calpa Products Company, Bankrupt. Betty G. Zion, Ruth Zion Bressler and Victor A. Bressler, Co-Executors Under the Will of Peter P. Zion, Esquire, Deceased
17036.
Court of Appeals for the Third Circuit.
Jun 3, 1969.
411 F.2d 1373
Cited by 1 opinion  |  Published

411 F.2d 1373

In the Matter of CALPA PRODUCTS COMPANY, Bankrupt.
Betty G. Zion, Ruth Zion Bressler and Victor A. Bressler,
Co-Executors under the Will of Peter P. Zion,
Esquire, Deceased, Appellants.

No. 17036.

United States Court of Appeals Third Circuit.

Argued April 21, 1969.
Decided June 3, 1969.

Lynwood F. Blount, Zion, Charen & Blount, Philadelphia, Pa., for appellants.

Samuel Marx, Philadelphia, Pa., for appellee.

Before HASTIE, Chief Judge, and FREEDMAN and STAHL, Circuit Judges.

OPINION OF THE COURT

PER CURIAM.

1

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.

2

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.

3

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.

4

The judgment will be affirmed.