No. 81-1683.

709 F.2d 1344 (1983)

Gordon R. and Sharon L. FLYGARE, Debtors-Appellants, v. Judith A. BOULDEN, Appellee.

United States Court of Appeals, Tenth Circuit.

June 1, 1983.

Attorney(s) appearing for the Case

Richard Calder, Salt Lake City, Utah, for debtors-appellants.

Duane H. Gillman, Salt Lake City, Utah (Judith A. Boulden, Salt Lake City, Utah, with him on the briefs) Boulden & Gillman, Salt Lake City, Utah, for trustee-appellee.

Before HOLLOWAY, McKAY and SEYMOUR, Circuit Judges.

SEYMOUR, Circuit Judge.

Gordon and Sharon Flygare appeal the denial of confirmation of their Chapter 13 bankruptcy plan. They argue that the denial was based on an erroneous construction of the "good faith" requirement of 11 U.S.C. § 1325(a)(3) (Supp. IV 1980). We agree and remand for further proceedings.

The Flygares first filed a Chapter 13 petition in April 1980. The bankruptcy court denied confirmation and dismissed the case in June. The Flygares...

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