May Spach, Trustee v. Herbert M. Fisher, Bankrupt and Drake Operating Co., Inc.

GRIFFIN B. BELL, Circuit Judge.

Appellant, trustee in bankruptcy, petitioned the bankruptcy court for an order requiring the turnover of a security deposit of $133,000 under a lease agreement. The lease was assigned to the bankrupt and Michael J. Leibowitz by the original lessee. The appellee-respondent was the assignee of the original lessor.

The petition alleged that within four months prior to the filing of the voluntary petition in bankruptcy the bankrupt transferred the lease and security fund to appellee and others without fair consideration, thereby rendering the bankrupt insolvent, and…