No. 73 B 468.

462 F.Supp. 1255 (1978)

In the Matter of ARLAN'S DEPARTMENT STORES, INC., Debtor.

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

December 6, 1978.

Attorney(s) appearing for the Case

Rosenman, Colin, Freund, Lewis & Cohen, New York City, for trustee by William W. Golub, and Jane S. Solomon, New York City.

Securities and Exchange Commission, New York City by Marvin E. Jacob, Associate Regional Administrator, Lawrence J. Toscano, Asst. Regional Administrator, Jerome Feller, and Barry J. Schwartz, New York City.

Shea, Gould, Climenko & Casey, New York City, personal counsel to trustee by Martin I. Shelton, New York City.

Ballon, Stoll & Itzler, New York City, for debtor by Frederick E. M. Ballon, and Ronald S. Itzler, New York City.

Weil, Gotshal & Manges, New York City, for Lappin, Rosen, Goldberg, Slavet, Levenson, Wekstein, Inc. by William J. Rochelle, III, New York City.

Sidney S. Wolchok, New York City, Sp. Counsel to debtor and trustee.

Leinwand, Maron, Hendler & Krause, New York City, for Creditors' Committee by Elliot L. Krause, New York City.

Silk, Slonim & Young, P. C., New York City, Sp. Counsel to debtor and trustee by Robert H. Silk, New York City.

Rice, Rice & Gilbert, Detroit, Mich., Sp. Counsel to debtor and trustee by Allan W. Gilbert, Detroit, Mich.

Ruben, Schwartz & Silverberg, New York City, for Creditors' Committee by Seymour J. Silberberg, New York City.

Wolf, Block, Schorr & Solis-Cohen, by David M. Doret, Philadelphia, Pa., Hurwitz & Hurwitz by Harold Hurwitz, New Bedford, Mass., Miller, Hickey & De Bruyne, Ltd. by Francis E. Hickey, Rockford, Ill., Rudofsky & Meo by Jack L. Rudofsky, Encino, Cal., Albert F. Coombes, Chatsworth, Cal., Frank M. Coyne, Madison, Wis., Honigman, Miller, Schwartz & Cohen by Sheldon S. Toll, Detroit, Mich., Sp. Counsel to trustee.


ROBERT L. CARTER, District Judge.

On May 14, 1973, Arlan's Department Stores, Inc. ("Arlan's") filed a petition for an arrangement under Chapter XI of the Bankruptcy Act ("Act"). By order of Bankruptcy Judge Roy Babitt, Arlan's was permitted to continue operation of its business as a debtor in possession. Arlan's Chapter XI petition was followed in June and July by similar petitions from 40 of the company...

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