SARF v. ARNOVITZ

No. 81 C 4181.

19 B.R. 78 (1982)

Lawrence SARF, Trustee in Bankruptcy of Dynamite Food Enterprises, Inc., a Bankrupt, Plaintiff, v. Kenneth ARNOVITZ, Nacham Kahan, Kal Mendelowitz, Harold Kaplan, Saul Kaplan, Melvin Ufberg, Howard Fragin, Max Wortzberger, and Harry Israel, Defendants.

United States District Court, E.D. New York.

March 17, 1982.


Attorney(s) appearing for the Case

Finkel, Goldstein & Berzow by Benjamin Finkel, New York City, for plaintiff.

Cullen & Dykman by C. Gayden Wren, Garden City, N.Y., for defendants Harold Kaplan, Saul Kaplan, Melvin Ufberg, and Howard Fragin.


MEMORANDUM OF DECISION AND ORDER

NEAHER, District Judge.

In November 1981 the trustee in bankruptcy of Dynamite Food Enterprises, Inc. ("Dynamite"), commenced this action as an adversary proceeding before Bankruptcy Judge Duberstein, pursuant to Bankruptcy Rule 701 et seq. The provisions of the old bankruptcy act governed the matter, since the involuntary petition was filed in March 1978, before the effective date of the new Code. Essentially, the...

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