In re Darr
This text of 232 F. 415 (In re Darr) is published on Counsel Stack Legal Research, covering District Court, N.D. California primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
The petitioner has presented an oath in forma pauperis, and asks that he be permitted to file his petition and schedules without paying the clerk the fees provided for by law. His schedules show that he has paid his attorney the sum of $35. If this sum was paid from his estate, he should not be allowed to file his petition without paying the required fees, because in the order of priority established by the statute the clerk’s fee takes precedence over the fees of his attorney, and a bankrupt cannot reverse this order by paying his attorney first and not paying the clerk at all.
The motion that the clerk be directed to file his petition without fees is therefore denied.
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Cite This Page — Counsel Stack
232 F. 415, 1916 U.S. Dist. LEXIS 1674, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-darr-cand-1916.