S.E.C. v. ELMAS TRADING CORP.

No. CV-R-85-263-ECR.

85 B.R. 116 (1987)

SECURITIES AND EXCHANGE COMMISSION, Plaintiff, v. ELMAS TRADING CORPORATION, Republic Overseas Bank, Ltd., James L. Attarian and Donald D. Smith, Defendants.

United States District Court, D. Nevada.

July 15, 1987.


Attorney(s) appearing for the Case

Robert D. LaFramenta and Maureen Shanahan, Securities and Exchange, Los Angeles, Cal., for plaintiff.

Thomas J. Nolan and Maryann R. Marzano, Los Angeles, Cal., for Elmas Trading Corp. and Republic Overseas Bank, Ltd.

James L. Attarian, pro se.

Jerrold M. Ladar, San Francisco, Cal., for Donald D. Smith.

Gary W. Duhon, Reno, Nev., for Hugo M. Pfaltz, Jr., claimant.


ORDER

EDWARD C. REED, Jr., Chief Judge.

The Receiver has moved the Court to allow the claim of Hugo M. Pfaltz in the sum of $30,114.00. In reaching this total, the Receiver has applied § 502(b)(6) of the Bankruptcy Code, which sets forth certain limitations on the amount of claims allowable by a lessor of real estate. The claimant, Pfaltz, contends that the application of the Bankruptcy Code in a securities receivership is improper, and that the total...

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