IN RE LOWER BROADWAY PROPERTIES


58 F.Supp. 615 (1945)

In re LOWER BROADWAY PROPERTIES, Inc.

District Court, S. D. New York.

January 12, 1945.


Attorney(s) appearing for the Case

Rathbone, Perry, Kelley & Drye, of New York City (Henry E. Kelley and Frank H. Heiss, both of New York City, of counsel), for trustee.

Scribner & Miller and Marshall, Bratter & Seligson, all of New York City (Louis G. Bernstein and Harold P. Seligson, all of New York City, of counsel), for First Mortgage Bondholders Committee.

Davis, Polk, Wardwell, Sunderland & Kiendl, of New York City (James A. Sweet, of New York City, of counsel), for Guaranty Trust Co.

Edmond B. Bellinger, of New York City, for Laura J. Conway.

Alfred S. Perlstein, of Brooklyn, pro se.

Schiff, Dorfman, Stein & Brof and David M. Palley, all of New York City and Holden Brothers, of White Plains (David M. Palley, Leon Brof, and Jonathan Holden, all of New York City, of counsel), for bondholders.

Tanner, Sillcocks & Friend, of New York City (John T. Carr Lowe, of New York City, of counsel), for Frederick C. Tanner and J. Ogden Turner, holders of Preferred and Common Stock of Lower Broadway Properties, Inc.

George Zolotar, of New York City, (Arthur Richenthal, of New York City, of counsel), for Securities and Exchange Commission.

White & Case, of New York City (Sherwood Hall, of New York City, of counsel), for New York Trust Co.


RIFKIND, District Judge.

These proceedings for reorganization under Chapter X of the Chandler Act, 11 U.S.C.A. § 501 et seq., were instituted by voluntary petition on November 24, 1942. The present application is made by the trustee for the approval of a plan of reorganization proposed by him and approved by the Bondholders' Committee (the word "bonds" will be used to identify the mortgage certificates and the word "bondholders" for the holders of the mortgage...

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