In re Eisenberg

KALODNER, District Judge.

I fully covered the facts in my original opinion (D.C., 41 F.Supp. 482) wherein I reversed the referee and entered an order on the bankrupts. Upon reargument counsel for the bankrupts strenuously argued that before the order on the bankrupts can be made, the bankrupts’ ability to comply must be found as a fact by the referee and that the court itself cannot do so from the record.

In my opinion, I found as a fact that the assets or their proceeds were in their possession at the time of the bankruptcy. Oriel v. Russell, 278 U.S. 358, 49 S.Ct. 173, 73 L.Ed. 419, which…