IN RE FLAYTON

No. 39977.

42 F.Supp. 1002 (1942)

In re FLAYTON.

District Court, E. D. New York.

January 12, 1942.


Attorney(s) appearing for the Case

Nathaniel T. Helman, of New York City, for trustee, for motion.

William C. Chanler, Corp. Counsel, of New York City (Sol Charles Levine and Morris L. Heath, both of New York City, of counsel), for City of New York, opposed.


BYERS, District Judge.

Hearing on petition to review a decision of a referee in bankruptcy deciding that interest on sales and business taxes, incurred by a debtor in possession in a Chapter XI proceeding prior to adjudication, should not be allowed to the City of New York, although claim therefor was timely made. 11 U.S.C.A. § 701 et seq.

It must be understood that the amount of the taxes, to-wit $457.85, is not in dispute. The only controversy has to...

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