MATTER OF CONSOLIDATED MOTOR INNS

No. 79-1240.

666 F.2d 189 (1982)

In the Matter of CONSOLIDATED MOTOR INNS, Debtor, CONSOLIDATED MOTOR INNS, Appellant, v. BVA CREDIT CORPORATION, Appellee.

United States Court of Appeals, Fifth Circuit.

January 22, 1982.


Attorney(s) appearing for the Case

Charles E. Campbell, Atlanta, Ga., for appellant.

Arthur B. Seymour, Atlanta, Ga., for appellee.

Before GODBOLD, Chief Judge, BROWN, CHARLES CLARK, RONEY, GEE, TJOFLAT, FAY, RUBIN, VANCE, KRAVITCH, FRANK M. JOHNSON, JR., GARZA, HENDERSON, REAVLEY, POLITZ, HATCHETT, ANDERSON, RANDALL, TATE, SAM D. JOHNSON, THOMAS A. CLARK, WILLIAMS and GARWOOD, Circuit Judges.


VANCE, Circuit Judge:

This case comes before the en banc court for reconsideration of the panel's holding that there is an inconsistency between Chapter XII of the "old" Bankruptcy Act, 11 U.S.C. § 906 et seq., and section 5(j) of that Act, 11 U.S.C. § 23(j).1

The facts are set forth in detail in the vacated opinion of the panel at 632 F.2d 1178 (5th Cir. 1980). We repeat them only to...

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