In re Dietz Electric Co.

DECISION AND ORDER

REYNOLDS, Chief Judge.

These two cases, consolidated in the Bankruptcy Court below and for purposes of appeal in this court, present the question of whether an order of the Bankruptcy Court declaring payments due to appellant Richard A. Malone on certain certificates of indebtedness to be subordinate to certain payments to appellee Midland National Bank should be set aside.

A voluntary petition in bankruptcy was filed August 23, 1972, by Dietz Electric Co., Inc., and Dietz Electrical Manufacturing Corp. (jointly referred to as “Dietz”). These petitions were filed pursuant to…