IN RE VICTORY CONST. CO., INC.

Bankruptcy No. LA-80-07936-RO, Adv. No. LA-80-213-KO

9 B.R. 570 (1981)

In re VICTORY CONSTRUCTION CO., INC., Debtor. John H. HADLEY et al., Plaintiff, v. VICTORY CONSTRUCTION CO., INC., et al., Defendant.

United States Bankruptcy Court, C.D. California.

February 23, 1981.


Attorney(s) appearing for the Case

William C. Moritz, Los Angeles, Cal., for plaintiff.

Gilbert Robinson, Los Angeles, Cal., for defendant Victory Construction Co., Inc.


ROBERT L. ORDIN, Bankruptcy Judge.

On January 21, 1981, this court filed its "Memorandum Opinion on Complaint to Vacate Stay for Cause (Lack of Good Faith of the Debtor in Filing its Petition Under Chapter 11)". In that opinion, 9 B.R. 549, the court held that (i) the "good faith" of the debtor is an implicit prerequisite to the filing or continuation of a proceeding under Chapter 11 of the Code;1 and (ii...

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