In re Mercury Lamps, Inc.

OPINION

CECELIA H. GOETZ, Bankruptcy Judge:

Before the Court is an application by Hy Art Industries, Inc. (“Hy Art”) for an order directing the Official Committee of Unsecured Creditors (the “Creditors Committee”) of the debtor, Mercury Lamps, Inc. (“Mercury” or “debtor”) to return to Hy Art a check in the amount of $50,000, plus earned interest, surrendered as evidence of good faith in connection with an offer to buy the debtor’s assets which proved unsuccessful. The debtor and its creditors are resisting the application on the ground that Mercury was ready, willing and able to close on…