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SECURITIES & EXCH. COM'N v. HAVENER SECURITIES CORP.

Bankruptcy No. 72 Civ. 4350 (EJR).

7 B.R. 839 (1980)

SECURITIES AND EXCHANGE COMMISSION, Plaintiff, Securities Investor Protection Corporation, Applicant, v. HAVENER SECURITIES CORP. et al., Defendants.

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

December 23, 1980.

Attorney(s) appearing for the Case

Marshall, Bratter, Greene, Allison & Tucker, New York City, for Trustee; Howard P. Roy, New York City, of counsel.

Emmet, Marvin & Martin by Dennis Fleischmann, New York City, for Fahnestock & Co.

Theodore H. Focht, Gen. Counsel, Washington, D.C., for plaintiff and applicant.

EDWARD J. RYAN, Bankruptcy Judge.

By decision dated January 22, 1980, this court confirmed the "Determination of the Trustee" for Havener Securities Corp. ("Havener"), dated August 4, 1975, which determination disallowed an open contractual commitment claim filed by Fahnestock & Co. ("Fahnestock") pursuant to Section 6(d) of the Securities Investors Protection Act of 1970, 15 U.S.C. § 78fff(d) ("SIPA"). The decision also awarded in favor of the trustee, attorneys...

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