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MATTER OF JOYANNA HOLITOGS, INC.

Bankruptcy No. 80-B-10017, Adv. No. 81-5342.

21 B.R. 323 (1982)

In the Matter of JOYANNA HOLITOGS, INC., a/t/a Barrels, J.W. Factors and Put Togethers, Debtor. OFFICIAL COMMITTEE OF UNSECURED CREDITORS OF JOYANNA HOLITOGS, INC., a/t/a Barrels, J.W. Factors and Put Togethers, Plaintiff, v. I. HYMAN CORP. and Al Schwartz, Defendants. I. HYMAN CORP. and Al Schwartz, individually and as a shareholder of Joyanna Holitogs, Inc., a/t/a Barrels, J.W. Factors and Put Togethers, debtor, on behalf of himself and all other shareholders of the debtor similarly situated and in the right of the debtor. Defendants and Third-Party Plaintiffs, v. Sidney KAPLOWITZ, Neil Roth d/b/a Neil Roth Company, Steven Kaplowitz and Starlite by Stella, Inc., Third-Party Defendants.

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

June 29, 1982.

Attorney(s) appearing for the Case

Otterbourg, Steindler, Houston & Rosen, P.C., New York City, for the Creditors' Committee; Francis R. Jones and Harvey Cavayero, New York City, of counsel.

Ressler & Taub, New York City, for I. Hyman Corp. et al.; Howard Ressler, New York City, of counsel.

Noel Kaplan, New York City, for third party defendants, Sidney Kaplowitz, Stephen Kaplowitz and Starlight by Stella.

Arutt, Nachamie & Benjamin, New York City, for third party defendant, Neal Roth; Elias Schwartz, New York City, of counsel.

ROY BABITT, Bankruptcy Judge:

Following the filing by Joyanna Holitogs, Inc., a/t/a Barrels, J.W. Factors and Put Togethers ("debtor") of a voluntary petition for the relief given by Chapter 11 of the 1978 Bankruptcy Code, 11 U.S.C. §§ 301, 1101 et seq. (1976 ed. Supp. IV),1 the official Committee of Unsecured Creditors ("Creditors' Committee") was appointed by the United States Trustee pursuant to 11 U.S.C. § 1102...

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