IN RE SANDY'S NOVELTY CORP.

No. 84262.

116 F.Supp. 132 (1946)

In re SANDY'S NOVELTY CORP.

United States District Court, S. D. New York.

July 22, 1946.


Attorney(s) appearing for the Case

Leo Blatt, Hollis, N. Y., for respondent Rebecca Levy.

Herman Haken, Hillside, N. Y., for trustee.


CAFFEY, District Judge.

There were two chattel mortgages on the same property. The second was not filed and did not become a lien. In consequence, there was no mutuality or setoff within the terms of Section 68, sub. a of the Bankruptcy Act, 11 U.S.C.A. § 108, sub. a.

The entire mortgaged property sold for $1,502. The property, which carried with it a lien plus any expenses, sold for a net $1,067.69. This left a surplus of $434.31. The question is to...

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