In re Tobias

STARR, Chief Judge.

On August 2, 1956, LaMar K. Tobias, individually and doing business as Lou-Mar’s Restaurant, filed a voluntary pe*289tition in bankruptcy and was adjudged a bankrupt. The matter was referred to the referee in bankruptcy, and Robert L. Borsos was appointed and qualified as trustee of the bankrupt’s estate.

There is no dispute as to the material facts. The bankrupt had owned and operated a restaurant in the city of Kalamazoo, Michigan, and on ' February 7, 1956, to secure payment of his indebtedness to the American National Bank of Kalamazoo,1 2he executed and delivered to the…