In the Matter of Adams Engineering Co., Inc., Bankrupt. The Mastan Company, Incorporated v. J. A. Sweeny and Eugene J. Lux, Trustees in Reorganization

Fifth Circuit

In the Matter of Adams Engineering Co., Inc., Bankrupt. The Mastan Company, Incorporated v. J. A. Sweeny and Eugene J. Lux, Trustees in Reorganization

422 F.2d 1, 1970 U.S. App. LEXIS 10921

Court of Appeals for the Fifth Circuit·Decided February 2, 1970·No. 26948·Published·Cited by 2 cases

Opinion

PER CURIAM:

In the circumstances revealed in this record, the District Judge was warranted in concluding that the so-called interim allowances for fees to the Chapter X trustees and counsel were intended as *2 final payment for services performed up to the dates prescribed. As to them, none constituted “unpaid costs and expenses” under § 64(a) (1). The Court’s action in refusing to require a partial refund was quite acceptable.

Affirmed.

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PER CURIAM:

In the circumstances revealed in this record, the District Judge was warranted in concluding that the so-called interim allowances for fees to the Chapter X trustees and counsel were intended as *2 final payment for services performed up to the dates prescribed. As to them, none constituted “unpaid costs and expenses” under § 64(a) (1). The Court’s action in refusing to require a partial refund was quite acceptable.

Affirmed.

In the Matter of Adams Engineering Co., Inc., Bankrupt. The Mastan Company, Incorporated v. J. A. Sweeny and Eugene J. Lux, Trustees in Reorganization, 422 F.2d 1, 1970 U.S. App. LEXIS 10921 (5th Cir. 1970).

Pincite

422 F.2d 1 (In the Matter of Adams Engineering Co., Inc., Bankrupt. The Mastan Company, Incorporated v. J. A. Sweeny and Eugene J. Lux, Trustees in Reorganization) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

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