IN RE ELKINS-DELL MANUFACTURING COMPANY

Nos. 26109, 26532.

253 F.Supp. 864 (1966)

In the Matter of ELKINS-DELL MANUFACTURING COMPANY, Inc., Bankrupt. In the Matter of DORSET STEEL EQUIPMENT CO., Inc., Bankrupt.

United States District Court E. D. Pennsylvania.

May 13, 1966.


Attorney(s) appearing for the Case

Wexler, Mulder & Weisman, by M. E. Maurer and Horace A. Stern, Philadelphia, Pa., for trustee.

Jenkins, Bennett & Jenkins, by Bertram Bennett, Philadelphia, Pa., for Fidelity America Financial Corp.


JOSEPH S. LORD, III, District Judge.

These cases involve a narrow but important question of bankruptcy law and administration: May and, if so, should a referee in bankruptcy refuse to enforce a security agreement between a creditor and the bankrupt which the referee finds unconscionable?

I.

The factual setting of both cases is similar. In Elkins-Dell, the bankrupt and Fidelity America Financial Corporation...

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