IN RE HERMAN HASSINGER, INC.

Bankruptcy No. 74-677G.

20 B.R. 517 (1982)

In re HERMAN HASSINGER, INC., Bankrupt. HERMAN HASSINGER, INC. and Daniel O. Berdahl, Plaintiffs, v. Paul DERKOTCH, Defendant.

United States Bankruptcy Court, E.D. Pennsylvania.

June 2, 1982.


Attorney(s) appearing for the Case

Robert Szwajkos, Rubin, Quinn, Moss & Girard-DiCarlo, Philadelphia, Pa., for plaintiffs, Herman Hassinger, Inc. and Daniel O. Berdahl.

Todd E. Blumenfeld, Land Title Building, Philadelphia, Pa., for defendant, Paul Derkotch.

Fred Zimmerman, trustee.

Lawrence J. Lichtenstein, Sklar, Lichtenstein & Sklar, Philadelphia, Pa., for trustee, Fred Zimmerman.


OPINION

EMIL F. GOLDHABER, Bankruptcy Judge:

The issue before the court is whether we should enjoin the continuation of a criminal action in the state courts brought by a creditor against the president of the bankrupt corporation for allegedly issuing a bad check. We conclude that the state criminal proceeding should be enjoined because we find that the real motive behind that prosecution is to collect the debt owed to the creditor by the bankrupt and that...

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