IN RE BUSINESS FINANCE CORPORATION

Nos. 19192-19196.

451 F.2d 829 (1971)

In the Matter of BUSINESS FINANCE CORPORATION. Appeal of The PHILADELPHIA NATIONAL BANK, in No. 19,192. Appeal of The FIDELITY BANK, in No. 19,193. Appeal of GIRARD TRUST BANK, in No. 19,194. Appeal of CONTINENTAL BANK & TRUST CO., in No. 19,195. Appeal of The CITIZENS BANK, in No. 19,196.

United States Court of Appeals, Third Circuit.

Decided September 13, 1971.

As Amended November 1, 1971.


Attorney(s) appearing for the Case

Leon S. Forman, Wexler, Weisman, Maurer & Forman, Philadelphia, Pa., for appellant.

Nathan L. Posner, Fox, Rothschild, O'Brien & Frankel, Philadelphia, Pa., argued (Victor Wright, and Mesirov, Gelman, Jaffe & Levin, Philadelphia, Pa., on the brief), for appellee, Business Finance Corp.

Nathan Miller, Miller, Pincus, Greenberg & Golden, Philadelphia, Pa., argued for appellee, debenture holders committee.

Before HASTIE, Chief Judge, and KALODNER and GIBBONS, Circuit Judges.


OPINION OF THE COURT

KALODNER, Circuit Judge.

These appeals present the narrow issue whether the District Court was "clearly erroneous" in its fact-finding that the petition for reorganization of the debtor, Business Finance Corporation, under Chapter X of the Bankruptcy Act1 was filed in "good faith" within the meaning of § 146(3) of the Act.2

The District Court made the "good faith...

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