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IN RE SECURITIES AND EXCH. COM'N

Bankruptcy No. 72 Civ. 4350.

2 B.R. 284 (1980)

In re SECURITIES AND EXCHANGE COMMISSION, Plaintiff. SECURITIES INVESTOR PROTECTION CORPORATION, Applicant, v. HAVENER SECURITIES CORP. et al., Defendants.

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

January 22, 1980.

Attorney(s) appearing for the Case

Emmet, Marvin & Martin, New York City, for claimant Fahnestock & Co.

Marshall, Bratter, Greene, Allison & Tucker, New York City, for trustee.

Securities and Exchange Commission, New York City, pro se.

Securities Investor Protection Corp., Washington, D.C., pro se.

DECISION ON MOTION AND CROSS-MOTION

EDWARD J. RYAN, Bankruptcy Judge.

This liquidation proceeding pursuant to the Securities Investor Protection Act of 1970 ("SIPA"), 15 U.S.C. § 78fff(d), was commenced on October 13, 1972 (the "filing date"). These motions arise out of the disallowance by the trustee of Havener Securities Corp. ("Havener" or the "debtor") of an open contractual commitment claim by a broker-dealer, Fahnestock & Co. ("Fahnestock...

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