In re L & M Realty Corp.

HOFFMAN, District Judge.

The pertinent question involved on this petition for review is whether the estate of one of two dominant stockholders in a “close” corporation is a creditor within the meaning of the Bankruptcy Act to such an extent as to permit the filing of an involuntary petition in bankruptcy, where said stockholder, during his lifetime, made loans to the corporation in relatively equal amounts with the other dominant stockholder.

This matter is before this Court a second time. On the former review this Court, affirming the action of the Referee in Bankruptcy in dismissing the…