IN RE AMERICANA APPAREL, INC.

Bankruptcy No. 82-05350G, Adv. No. 85-0042G.

55 B.R. 160 (1985)

In re AMERICANA APPAREL, INC., Debtor. OFFICIAL CREDITORS' COMMITTEE, Plaintiff, v. CHARLES GORDON & SONS, INC., Defendant.

United States Bankruptcy Court, E.D. Pennsylvania.

November 13, 1985.


Attorney(s) appearing for the Case

Claudia Z. Springer, Mitchell K. Posner, James R. Malone, Mesirov, Gelman, Jaffe, Cramer & Jamieson, Philadelphia, Pa., for plaintiff, Official Creditors' Committee.

Jane B. McElhenney, Wessel and Carpel, Philadelphia, Pa., for defendant, Charles Gordon & Sons, Inc.

Edward J. DiDonato, Ciardi, Fishbone & DiDonato, Philadelphia, Pa., for debtor, Americana Apparel, Inc.


OPINION

EMIL F. GOLDHABER, Chief Judge:

The matter in dispute is whether we should disallow or subordinate an insider's proof of claim against the debtor. For the reasons stated herein we will subordinate the claim to the interests of general unsecured creditors.

We outline the facts of this controversy as follows:1 The debtor filed a petition for reorganization under chapter 11 of the Bankruptcy Code ("the Code") in...

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