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IN RE LEBOW

Nos. 73 B 1324, 74 B 61.

397 F.Supp. 487 (1975)

In re Melvin L. LEBOW, Bankrupt. BANKERS TRUST COMPANY, Plaintiff, v. Melvin L. LEBOW, Defendant. In re Herman CARLINSKY, Bankrupt. BANKERS TRUST COMPANY, Plaintiff, v. Herman CARLINSKY, Defendant.

United States District Court, S. D. New York.

July 10, 1975.

Attorney(s) appearing for the Case

Moses & Singer, New York City, for plaintiff; Harvey A. Strickon, New York City, of counsel.

Henry & Brecker, New York City, for defendants; Martin F. Brecker, New York City, of counsel.

MEMORANDUM AND ORDER

WHITMAN KNAPP, District Judge.

This matter is before us on appeal from Bankruptcy Judge Herzog's order dismissing without prejudice the complaint in these two adversary proceedings. Plaintiff Bankers Trust — a creditor of the two bankrupt-defendants — instituted these actions pursuant to Bankruptcy Rule 701(7) for a determination that an alleged contingent liability is a non-dischargeable debt. The facts, insofar as here...

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