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MATTER OF HAPPY TIME FASHIONS, INC.

Bankruptcy No. 74 B 1740.

7 B.R. 665 (1980)

In the Matter of HAPPY TIME FASHIONS, INC., Bankrupt.

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

December 5, 1980.

Attorney(s) appearing for the Case

Otterbourgh, Steindler, Houston & Rosen, New York City, for trustee.

Arutt, Nachamie & Benjamin, New York City, for bankrupt.

MEMORANDUM OPINION

BURTON R. LIFLAND, Bankruptcy Judge.

FACTS

This is an action by the New York Credit Mens' Adjustment Bureau, Inc., as Trustee in Bankruptcy of Happy Time Fashions, Inc. ("Happy Time"), against Henry Kohn, former president, chief operating officer, sole shareholder and sole director of the bankrupt corporation, which essentially seeks damages in the form of a surcharge and to recover a preference.

Two important issues...

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