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MATTER OF MALLARD ASSOCIATES

Nos. 78 Civ. 5522, 78 B 1901.

463 F.Supp. 1259 (1979)

In the Matter of MALLARD ASSOCIATES, a Limited Partnership.

United States District Court, S. D. New York.

January 25, 1979.

Attorney(s) appearing for the Case

Trubin Sillcocks Edelman & Knapp, New York City, for Greenwich Savings Bank by Lola S. Lea, New York City.

Norman Klasfeld, New York City, Gerald & Lawrence Blumberg, New York City, Co-Counsel for debtor by Norman Klasfeld, and Lawrence S. Blumberg, New York City.

OPINION

ROBERT L. CARTER, District Judge.

This is an appeal from Bankruptcy Judge Joel Lewittes's denial of a secured creditor's motion to dismiss a debtor's Chapter XII petition for an arrangement. Judge Lewittes's oral order was based on a holding that good faith in filing a petition is not a prerequisite to a debtor's proceeding under Chapter XII of the Bankruptcy Act.

The facts pertinent to the appeal are these:1...

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