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IN RE DEL RIO DEVELOPMENT, INC.

BAP No. CC-82-1506, Bankruptcy No. LA 82-05672-RO.

35 B.R. 127 (1983)

In re DEL RIO DEVELOPMENT, INC., a California corporation, Debtor. DEL RIO DEVELOPMENT, INC., Appellant, v. FIRST LIBERTY FINANCIAL, INC., Appellee.

United States Bankruptcy Appellate Panels Ninth Circuit.

Decided December 29, 1983.

Attorney(s) appearing for the Case

Brian C. Mulherin, Bear, Kotob, Ruby & Gross, Downey, Cal., for appellant.

Robert E. Darby, Paul, Hastings, Janofsky & Walker, Los Angeles, Cal., for appellee.

Before ABRAHAMS, VOLINN and GEORGE, Bankruptcy Judges.

OPINION

ABRAHAMS, Bankruptcy Judge.

This is an appeal from an order dismissing the debtor's Chapter 11 case pursuant to 11 U.S.C. § 1112(b). The bankruptcy judge concluded that the debtor did not file and maintain its case in good faith and that it did not demonstrate an ability to effectuate a plan. We have determined that two of the findings of fact supporting these conclusions are erroneous, and we therefore reverse and remand.

The debtor...

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