IN RE J.M. FIELDS, INC.

Nos. 78 B 1764-78 B 1773.

22 B.R. 861 (1982)

In re J.M. FIELDS, INC., Food Fair, Inc., et al., Debtors.

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

September 1, 1982.


Attorney(s) appearing for the Case

Levin & Weintraub, New York City, for debtor.

Sunshine & Sunshine, New York City, for Jerome Silverstein d/b/a Silverstein Agency.


MEMORANDUM & ORDER

JOHN J. GALGAY, Bankruptcy Judge.

The question presently before this Court is whether the real estate brokerage commissions payable to the Silverstein Agency ("Silverstein"), under the terms of its brokerage agreement dated September 21, 1973, ("Brokerage Agreement"), with Food Fair, Inc. ("Food Fair") should be deemed a general unsecured claim or an expense in administration. For reasons to be set forth below, this Court finds that...

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