MATTER OF WEIS SECURITIES, INC.

No. 73 Civ. 2332.

411 F.Supp. 194 (1975)

In the Matter of WEIS SECURITIES, INC., Debtor. Edward S. REDINGTON, Trustee, Defendant-Appellant, v. Florence BORGHI, Plaintiff-Appellee.

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

October 3, 1975.


Attorney(s) appearing for the Case

James B. Kobak, Jr., Hughes, Hubbard & Reed, New York City, for Trustee Edward S. Redington.

Michael E. Don, Securities Investor Protection Corp., Washington, D. C., for SIPC.

Lewis Galpeer, Galpeer, Altus & Karp, New York City, for Florence Borghi.


WYATT, District Judge.

This is an appeal by the Trustee of Weis Securities, Inc. (Weis) from an order of Bankruptcy Judge Babitt filed June 19, 1975, granting a motion of claimant Borghi for leave to file a claim long after the time for filing had expired.

The sole issue is whether there is discretion to permit a late filing of a claim. If there be such discretion, certainly Judge Babitt did not abuse it.

The time limit is in 15 U.S.C. § 78fff...

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