Luxury Fruit Co. v. Harris

Fifth Circuit

Luxury Fruit Co. v. Harris

217 F. 740, 133 C.C.A. 434, 1914 U.S. App. LEXIS 1471

CourtCourt of Appeals for the Fifth Circuit

DecidedOctober 17, 1914

DocketNo. 2645

StatusPublished

Cited by4 cases

This text of 217 F. 740 (Luxury Fruit Co. v. Harris) 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

Luxury Fruit Co. v. Harris, 217 F. 740, 133 C.C.A. 434, 1914 U.S. App. LEXIS 1471 (5th Cir. 1914).

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Opinion

PER CURIAM.

The orders we are called upon to review were intended apparently to effect a compromise by which the real estate scheduled by the bankrupt corporation would be delivered to the claimant, Harris, upon his paying the costs of court, including the costs of administration by the trustee and attorney’s fees, and providing for the payment of unsecured creditors who up to that time had proved their claims, and to result in a discontinuance of the bankrupt proceedings.

The order of April 25th provided that the offer of Harris to pay all unsecured creditors and costs of court and costs of administration, except attorney’s fees, should be referred for Consideration and acceptance to a meeting, of creditors after ten days’ notice, which looks somewhat to the composition which is provided for in the Bankruptcy Act; but the subsequent order of May 4th practically vacates the order of April 25th in this respect, dispensing with the creditors’ meeting and providing that on compliance by Harris in making deposits to the amount of $4,171.90 the trustee shall stand discharged, and the petition in bankruptcy be dismissed. From our examination of the case, we find no law or authority for either one of the orders. Each seems to be amenable to nearly all the objections urged in the assignment of errors.

It is therefore ordered that the petition to superintend and revise herein be granted, and that the orders of April 25, 1914, and May 4, 1914, in the court below, be reversed; costs to be paid by the respondent.

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PER CURIAM.

The orders we are called upon to review were intended apparently to effect a compromise by which the real estate scheduled by the bankrupt corporation would be delivered to the claimant, Harris, upon his paying the costs of court, including the costs of administration by the trustee and attorney’s fees, and providing for the payment of unsecured creditors who up to that time had proved their claims, and to result in a discontinuance of the bankrupt proceedings.

The order of April 25th provided that the offer of Harris to pay all unsecured creditors and costs of court and costs of administration, except attorney’s fees, should be referred for Consideration and acceptance to a meeting, of creditors after ten days’ notice, which looks somewhat to the composition which is provided for in the Bankruptcy Act; but the subsequent order of May 4th practically vacates the order of April 25th in this respect, dispensing with the creditors’ meeting and providing that on compliance by Harris in making deposits to the amount of $4,171.90 the trustee shall stand discharged, and the petition in bankruptcy be dismissed. From our examination of the case, we find no law or authority for either one of the orders. Each seems to be amenable to nearly all the objections urged in the assignment of errors.

It is therefore ordered that the petition to superintend and revise herein be granted, and that the orders of April 25, 1914, and May 4, 1914, in the court below, be reversed; costs to be paid by the respondent.

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217 F. 740, 133 C.C.A. 434, 1914 U.S. App. LEXIS 1471, Counsel Stack Legal Research, https://law.counselstack.com/opinion/luxury-fruit-co-v-harris-ca5-1914.

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