|
Conrad, Rubin & Lesser v. Pender, 289 U.S. 472 (1933)
Contents:
Show Summary
Hide Summary
General SummaryThis case is from a collection containing the full text of over 16,000 Supreme Court cases from 1793 to the present. The body of Supreme Court decisions are, effectively, the final interpretation of the Constitution. Only an amendment to the Constitution can permanently overturn an interpretation and this has happened only four times in American history.
Conrad, Rubin & Lesser v. Pender, 289 U.S. 472 (1933)
Please note: this case begins in mid-page. It therefore shares a citation with the last page of the previous case. If you are attempting to follow a link to the last page of 289 U.S. 466, click here.
Conrad, Rubin & Lesser v. Pender No. 718 Argued May 9, 1933 Decided May 29, 1933 289 U.S. 472
CERTIORARI TO THE CIRCUIT COURT OF APPEALS
FOR THE SECOND CIRCUIT
Syllabus
1. Payments made by the debtor in contemplation of bankruptcy "to an attorney and counselor at law, solicitor in equity, or proctor in admiralty," "for services to be rendered," are subject to be summarily reexamined by the referee as to their reasonableness, under § 60(d) of the Bankruptcy Act. P. 475.
2. The payments covered by § 60(d) are to be distinguished from the allowances contemplated by § 64(b)(3) which are made out of the bankrupt estate for legal services in its administration. P. 476.
3. The jurisdiction to reexamine under § 60(d) depends not on the specific nature of the services to be rendered, but upon the state of mind of the debtor -- upon whether his thought of bankruptcy was the impelling cause of the transaction. P. 477.
4. The test of jurisdiction under § 60(d) is not whether the services to be rendered are "germane to the aims of the Bankruptcy Act." P. 478.
5. The payments may well be "in contemplation of bankruptcy" though the purpose was to bring about an arrangement with creditors that would prevent bankruptcy. P. 478.
61 F.2d 771 affirmed.
Certiorari to review an order of a court of bankruptcy requiring the present petitioners to turn over to the trustee part of a sum that had been paid to them by the debtor for future legal services shortly before the filing of a bankruptcy petition against him.
Contents:
Chicago: U.S. Supreme Court, "Syllabus," Conrad, Rubin & Lesser v. Pender, 289 U.S. 472 (1933) in 289 U.S. 472 289 U.S. 473. Original Sources, accessed November 22, 2024, http://originalsources.com/Document.aspx?DocID=JAVLGGDSSB2KV1I.
MLA: U.S. Supreme Court. "Syllabus." Conrad, Rubin & Lesser v. Pender, 289 U.S. 472 (1933), in 289 U.S. 472, page 289 U.S. 473. Original Sources. 22 Nov. 2024. http://originalsources.com/Document.aspx?DocID=JAVLGGDSSB2KV1I.
Harvard: U.S. Supreme Court, 'Syllabus' in Conrad, Rubin & Lesser v. Pender, 289 U.S. 472 (1933). cited in 1933, 289 U.S. 472, pp.289 U.S. 473. Original Sources, retrieved 22 November 2024, from http://originalsources.com/Document.aspx?DocID=JAVLGGDSSB2KV1I.
|