South American Shoe Corp. v. Kurtz (In Re Silberman)

OPINION

By EMIL F. GOLDHABER, Bankruptcy Judge:

The issue at bench is whether the plaintiff’s two complaints against the receivers should be granted. We conclude that both complaints should be denied and that the counterclaims asserted by the intervenors against the plaintiff should be granted.

The facts of the instant case are as follows: 1 On April 4, 1975, Silberman, Inc., t/a Wyman, Inc., Risoli, Inc., Dalsimer’s, Inc. and Duttly, Inc. (“the debtor”), filed a petition under Chapter XI of the Bankruptcy Act (“the Act”). 2 On April 8,1975, Gene Gisburne 3 and Sidney L. Kurtz (“the receivers”)…