Rosenberg v. Friedman (In Re Carole's Foods, Inc.)

On October 8, 1980, the Debtor, Carole’s Foods, Inc., entered into an assignment for the benefit of creditors of all of its assets with the Appellant, Henry Friedman, who became the assignee for the benefit of Debtor’s creditors. On December 15, 1981, the Debtor filed its chapter 11 petition. Appellant had full knowledge of the filing on January 22, 1982. George Rosenberg was appointed Trustee on February 16, 1982. Pursuant to 11 U.S.C. § 543, the Trustee filed on March 11,1982 a Complaint for Turnover of Property held by Appellant. After hearing, the Bankruptcy Court found that Appellant is…