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IN RE SILBERMAN, INC.

Bankruptcy Nos. 75-610 to 75-614.

30 B.R. 219 (1983)

In re SILBERMAN, INC., t/a Wyman, Inc., Risoli, Inc., Dalsimer's, Inc., and Duttly, Inc., Debtors. SOUTH AMERICAN SHOE CORP., Plaintiff, v. Sidney L. KURTZ and Gene Gisburne, Receivers/Defendants, and Sol Silberman and Renee Silberman, Intervenors/Defendants, and American Bank & Trust Co. of Pa., Intervenors/Defendants. SOUTH AMERICAN SHOE CORP., Plaintiff, v. Sidney L. KURTZ and Gene Gisburne, Receivers/Defendants.

United States Bankruptcy Court, E.D. Pennsylvania.

May 13, 1983.

Attorney(s) appearing for the Case

Jerome J. Verlin, Philadelphia, Pa., for plaintiff, South American Shoe Corp.

Edward Cohen, Philadelphia, Pa., for the receiver, Sidney L. Kurtz.

David T. Sykes, Marjorie O. Rendell, Philadelphia, Pa., for American Bank & Trust Co.

Lawrence R. Lesser, Louis J. Sinatra, Blue Bell, Pa., for Sol Silberman, Renee Silberman and Silberman, Inc.

Lawrence J. Lichtenstein, Mesirov, Gelman, Jaffe, Cramer & Jamieson, Philadelphia, Pa., for the Creditors' Committee.

Marvin Krasny, Philadelphia, Pa., for receivers, Sidney L. Kurtz and Gene Gisburne.

OPINION

By EMIL F. GOLDHABER, Bankruptcy Judge:

The issue at bench is whether the plaintiff's two complaints against the receivers should be granted. We conclude that both complaints should be denied and that the counterclaims asserted by the intervenors against the plaintiff should be granted.

The facts of the instant case are as follows:1 On April 4, 1975, Silberman, Inc., t/a Wyman, Inc., Risoli, Inc., Dalsimer's,...

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