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IN RE HEROLD RADIO & ELECTRONICS CORPORATION

191 F.Supp. 780 (1961)

In the Matter of HEROLD RADIO & ELECTRONICS CORPORATION, Debtor.

United States District Court S. D. New York.

January 13, 1961.

Attorney(s) appearing for the Case

Levin & Weintraub, and Frederick Nack, New York City, for debtor.

Louis Kipnis, New York City, for debenture holder.

Levy, Levy & Ruback, and Leinwand, Grossman & Maron, New York City, for official creditors committee; Isidor E. Leinwand, New York City, of counsel.

Cravath, Swaine & Moore, New York City, for indenture trustee; George T. Lowy, New York City, of counsel.

Louis C. Feiland, New York City, for bondholder-creditor.

Richard V. Bandler, New York City, for Securities & Exchange Commission; Kiva Berke, New York City, of counsel.

Moses & Singer, New York City, for Bankers Trust Co., creditor; Arnold A. Jaffe, New York City, of counsel.

HERLANDS, District Judge.

What factors determine the choice between Chapter XI of the Bankruptcy Act (11 U.S.C.A. § 701 et seq.) and Chapter X (11 U.S.C.A. § 501 et seq.)?

This question—long debated but never resolved judicially by a pat formula—is the vortex of the present controversy.

United in their common advocacy of Chapter XI are the debtor, Bankers Trust Company (the largest secured creditor), and the Official Creditors...

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