Page:United States Statutes at Large Volume 52.djvu/942

 52 STAT.] 75TH CONG., 3D SESS.-CH. 575-JUNE 22, 1938 "SEC. 245. Where a petition is filed in a pending bankruptcy pro- ceeding, the judge may allow reasonable compensation for services rendered and the proper costs and expenses incurred in such bank- ruptcy proceeding by a referee in bankruptcy. In fixing such com- pensation, the judge shall not be restricted by the provisions of section 40 of this Act. "SEC. 246. Upon the dismissal of a proceeding under this chapter, or the entry of an order adjudging the debtor a bankrupt, the judge may allow reasonable compensation for services rendered and reimburse- ment for proper costs and expenses incurred in such proceeding prior to such dismissal or order of adjudication by any persons entitled thereto, as provided in this chapter, and shall make provision for the payment thereof, and for the payment of all proper costs and expenses incurred by officers in such proceedings. "SEC. 247. The judge shall fix a time of hearing for the considera- tion of applications for allowances, of which hearing notice shall be given to the applicants, the trustee, the debtor, the creditors, stock- holders, indenture trustees, the Securities and Exchange Commission, and such other persons as the judge may designate, except that, in the case of allowances for services and reimbursement in a superseded bankruptcy proceeding, notice need be given only to the applicants, the debtor, the trustee, and the unsecured creditors, and may be given to such other classes of creditors or other persons as the judge may designate. In the case of the dismissal of a proceeding under this chapter and the entry of an order therein directing that bankruptcy be proceeded with, notice of the hearing to consider allowances need not be given to stockholders. "SEc. 248. In the case of the dismissal of a proceeding under this chapter and the entry of an order therein directing that a superseded bankruptcy be proceeded with, the compensation allowed by the judge, in the course of the proceeding under this chapter, to the referee, marshal, receiver, or trustee in the bankruptcy proceeding for services rendered by them in such bankruptcy proceeding shall be deemed to have been allowed in such bankruptcy proceeding, and such compensation shall be considered in connection with the making of future allowances therein or shall be readjusted, so as to comply with the provisions of this Act fixing their compensation in a bank- ruptcy proceeding. "SEC. 249. Any persons seeking compensation for services rendered or reimbursement for costs and expenses incurred in a proceeding under this chapter shall file with the court a statement under oath showing the claims against, or stock of, the debtor, if any, in which a beneficial interest, direct or indirect, has been acquired or transferred bv him or for his account, after the commencement of such proceeding. No compensation or reimbursement shall be allowed to any committee or attorney, or other person acting in the proceedings in a representa- tive or fiduciary capacity, who at any time after assuming to act in such capacity has purchased or sold such claims or stock, or by whom or for whose account such claims or stock have, without the prior consent or subsequent approval of the judge, been otherwise acquired or transferred. "SEC. 250. Appeals may be taken in matters of law or fact from orders making or refusing to make allowances of compensation or reimbursement, and may, in the manner and within the time provided for appeals by this Act, be taken to and allowed by the circuit court of appeals independently of other appeals in the proceeding, and shall be summarily heard upon the original papers. 901 Compensation, pro. ceeding by referee. Ante, p. 859. Allowances in event of dismissal or adjudg- ing debtor a bank- rupt. Hearings. Allowances in case of dismissal of pro- ceeding, etc. Statement to be floed by persons seek- ing comlpensatlon for services, etc. Certain acts a bar to allowance of compen- sation. Appeals from allow. ance or refusal of com pensation.

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