Calvin B. Wells v. Gene Wilkinson, Trustee in Bankruptcy of Hudson's, Inc., Bankrupt

Fifth Circuit

Calvin B. Wells v. Gene Wilkinson, Trustee in Bankruptcy of Hudson's, Inc., Bankrupt

374 F.2d 504, 1967 U.S. App. LEXIS 7123

CourtCourt of Appeals for the Fifth Circuit

DecidedMarch 13, 1967

Docket22478_1

StatusPublished

Cited by2 cases

This text of 374 F.2d 504 (Calvin B. Wells v. Gene Wilkinson, Trustee in Bankruptcy of Hudson's, Inc., Bankrupt) is published on Counsel Stack Legal Research, covering Court of Appeals for the Fifth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Calvin B. Wells v. Gene Wilkinson, Trustee in Bankruptcy of Hudson's, Inc., Bankrupt, 374 F.2d 504, 1967 U.S. App. LEXIS 7123 (5th Cir. 1967).

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Opinion

PER CURIAM:

This appeal is by a receiver in bankruptcy dissatisfied with his fee. The case arose in a Chapter XI arrangement proceeding. The Referee appointed Wells receiver when the debtor filed a voluntary petition for arrangement. The order provided that the debtor was to continue to operate its business. When the Referee approved the debtor’s proposed arrangement, he again appointed Wells receiver and also undertook to appoint him as trustee. No trustee is, as a rule, appointed in a Chapter XI proceeding unless there is a prior pending bankruptcy proceeding. 11 U.S.C. § 732.

Wells claims the maximum compensation as (1) receiver with limited powers, which he was at first; (2) receiver, which he was after the Referee accepted the debtor’s arrangement; and (3) as trustee, which he never was. Wells was entitled to compensation for his services in categories (1) and (2). The Referee awarded him compensation for these services, although not the maximum allowable under 11 U.S.C. § 76. The actual compensation is within the discretion of the court, and to win a reversal the receiver must show “that such discretion was plainly abused.” In re Myley Electrical Supply Co., 2 Cir. 1923, 287 F. 524, 526. We find no abuse of discretion. The judgment is

Affirmed.

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PER CURIAM:

This appeal is by a receiver in bankruptcy dissatisfied with his fee. The case arose in a Chapter XI arrangement proceeding. The Referee appointed Wells receiver when the debtor filed a voluntary petition for arrangement. The order provided that the debtor was to continue to operate its business. When the Referee approved the debtor’s proposed arrangement, he again appointed Wells receiver and also undertook to appoint him as trustee. No trustee is, as a rule, appointed in a Chapter XI proceeding unless there is a prior pending bankruptcy proceeding. 11 U.S.C. § 732.

Wells claims the maximum compensation as (1) receiver with limited powers, which he was at first; (2) receiver, which he was after the Referee accepted the debtor’s arrangement; and (3) as trustee, which he never was. Wells was entitled to compensation for his services in categories (1) and (2). The Referee awarded him compensation for these services, although not the maximum allowable under 11 U.S.C. § 76. The actual compensation is within the discretion of the court, and to win a reversal the receiver must show “that such discretion was plainly abused.” In re Myley Electrical Supply Co., 2 Cir. 1923, 287 F. 524, 526. We find no abuse of discretion. The judgment is

Affirmed.

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Bluebook (online)

374 F.2d 504, 1967 U.S. App. LEXIS 7123, Counsel Stack Legal Research, https://law.counselstack.com/opinion/calvin-b-wells-v-gene-wilkinson-trustee-in-bankruptcy-of-hudsons-inc-ca5-1967.

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