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IN RE COLORADO TRUST DEED FUNDS, INC.

No. 6949.

311 F.2d 288 (1962)

In the Matter of COLORADO TRUST DEED FUNDS, INC., Debtor.

United States Court of Appeals Tenth Circuit.

November 19, 1962.

Attorney(s) appearing for the Case

Russell W. Bartels, Denver, Colo., for Colorado Trust Deed Funds, Inc.

J. Kirk Windle, Attorney, Securities and Exchange Commission (Peter A. Dammann, General Counsel, David Ferber, Associate General Counsel, Thomas B. Hart, Regional Administrator, and William D. Scheid, Attorney, Securities and Exchange Commission), for Securities and Exchange Commission.

Robert Swanson, Denver, Colo., receiver for Colorado Trust Deed Funds, Inc., amicus curiæ.

Before LEWIS, BREITENSTEIN and SETH, Circuit Judges.

BREITENSTEIN, Circuit Judge.

The issue is whether the trial court erred in dismissing a petition for reorganization under Chapter 10 of the Bankruptcy Act1 upon the ground that the petition was not filed in good faith.

The statute provides that a trial judge shall dismiss a Chapter 10 petition if he is not satisfied that it has been filed in good faith.2 Good faith is defined by 11 U.S.C. § 546...

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