IN RE DEVAULT MFG. CO.

Bankruptcy No. 79-620EG.

22 B.R. 697 (1982)

In re DEVAULT MANUFACTURING COMPANY, Debtor. JEFFERSON BANK, Plaintiff, v. DEVAULT MANUFACTURING COMPANY, Defendant.

United States Bankruptcy Court, E.D. Pennsylvania.

August 25, 1982.


Attorney(s) appearing for the Case

Paul R. Rosen, Michael Minkin, Spector, Cohen, Hunt & Rosen, Philadelphia, Pa., for plaintiff.

Nathan Lavine, Adelman & Lavine, Philadelphia, Pa., and Hope, Portnoff & Grant, Paoli, Pa., for debtor.

Martin J. Aronstein, Ballard, Spahr, Andrews & Ingersoll, Philadelphia, Pa., for Creditors' Committee.


OPINION

EMIL F. GOLDHABER, Bankruptcy Judge:

The issue at bench is whether the creation and perfection of the creditor's security interest shortly before the debtor filed a petition for an arrangement under chapter XI of the Bankruptcy Act ("the Act") was a voidable preference under § 60 of the Act. We conclude that that security interest was not a voidable preference because the creditors' committee (and debtor) have failed to establish that the creditor...

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