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IN RE LILYKNIT SILK UNDERWEAR CO.

5 F.Supp. 896 (1933)

In re LILYKNIT SILK UNDERWEAR CO., Inc.

District Court, S. D. New York.

November 1, 1933.

Attorney(s) appearing for the Case

Hahn, Abeson & Golin, of New York City (Julius J. Abeson, of New York City, of counsel), for trustee.

Rosenman, Weil, Gotshal & Manges, of New York City (Eli M. Spark, of New York City, of counsel), for Fulton County Silk Mills et al., creditors.

Otterbourg, Steindler & Houston, of New York City (Aaron Rosen and Gustave I. Jahr, both of New York City, of counsel), for Commercial Factors Corporation, creditor.

Benjamin H. Wicksel, of New York City, for Julius Kayser & Co., creditor.

PATTERSON, District Judge.

The point is whether creditors who have received payments under a composition confirmed by the District Court must pay over to the trustee the amounts received by them after the order of confirmation has been reversed by the Circuit Court of Appeals.

Shortly after an involuntary petition had been filed against it, the alleged bankrupt made an offer of composition. The offer was accepted by a majority of the creditors, and the composition...

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