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Lazarus, Michel & Lazarus v. Prentice, 234 U.S. 263 (1914)

Lazarus, Michel & Lazarus v. Prentice

No. 1012

Motion to dismiss or affirm submitted May 4, 1914

Decided June 8, 1914

234 U.S. 263


Under clause 20 of § 2 of the Bankruptcy Act as added by the amendment of June 25, 1910, the bankruptcy courts have ancillary jurisdiction over persons and property within their respective territorial limits in aid of a trustee or receiver appointed in any court of bankruptcy.

Property of the bankrupt, when seized by an ancillary receiver or trustee, is held by virtue of the terms of the Bankruptcy Act to be turned over to the court of original jurisdiction, and no right can be acquired in it by assignment subsequent to the petition which can defeat this purpose.

Under subd. d of § 60 of the Bankruptcy Act, attorney's fees for services in contemplation of bankruptcy are specifically provided for, and are subject to revision in the court of original jurisdiction and not elsewhere. In re Wood and Henderson, 210 U. S. 246.

The seizure of property of the bankrupt by an ancillary receiver is a summary proceeding, and not a plenary suit, and the decision of the bankruptcy court in the jurisdiction of seizure that an intervenor claiming by virtue of an assignment of the bankrupts made after the petition and in payment of attorney's fees must assert the claims in the court of original jurisdiction is an administrative order, and the order of the circuit court of appeals affirming the same is not reviewable in this Court.

A motion to dismiss an appeal from the circuit court of appeals will not be denied as premature because the record has not been printed if the record of proceedings in the district court is here and this Court is sufficiently advised as to the situation of the case to dispose of it without doing injustice to the parties. National Bank v. Insurance Co., 100 U. S. 43.

Appeal from 211 F. 326 dismissed.

The facts, which involve the jurisdiction of this Court of appeals from the circuit court of appeals in certain

Page 234 U. S. 264

classes of bankruptcy matters, are stated in the opinion.

Page 234 U. S. 265

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