Clark v. Goldman

Second Circuit

Clark v. Goldman

127 F.2d 852, 1942 U.S. App. LEXIS 3992

CourtCourt of Appeals for the Second Circuit

DecidedApril 15, 1942

DocketNo. 85

StatusPublished

Cited by3 cases

This text of 127 F.2d 852 (Clark v. Goldman) is published on Counsel Stack Legal Research, covering Court of Appeals for the Second Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Clark v. Goldman, 127 F.2d 852, 1942 U.S. App. LEXIS 3992 (2d Cir. 1942).

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Opinion

PER CURIAM.

Both the claimants and the creditors’ committee agree that the sum upon which any allowance is to be reckoned should be the share of all non-assenting creditors— secured and unsecured — in any increase in the bid of the creditors’ committee which resulted from the claimants’ efforts. This is obviously the right amount to take as the base; and the district judge will use it in fixing the allowance, if any. Whether the claimants’ efforts did in fact result in any increase in the bid; and if so, how much of that increase should be awarded to the claimants, after taking into consideration what they have already received, are of course for the district court to decide.

The award will come out of funds remaining in the receiver’s hands; we had understood that all the funds had been distributed.

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PER CURIAM.

Both the claimants and the creditors’ committee agree that the sum upon which any allowance is to be reckoned should be the share of all non-assenting creditors— secured and unsecured — in any increase in the bid of the creditors’ committee which resulted from the claimants’ efforts. This is obviously the right amount to take as the base; and the district judge will use it in fixing the allowance, if any. Whether the claimants’ efforts did in fact result in any increase in the bid; and if so, how much of that increase should be awarded to the claimants, after taking into consideration what they have already received, are of course for the district court to decide.

The award will come out of funds remaining in the receiver’s hands; we had understood that all the funds had been distributed.

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127 F.2d 852, 1942 U.S. App. LEXIS 3992, Counsel Stack Legal Research, https://law.counselstack.com/opinion/clark-v-goldman-ca2-1942.

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