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IN RE VICTORY CONST. CO., INC.

Bankruptcy No. LA 80-07936-RO, Adv. No. LA 80-2131-RO, BAP No. CC 81-1026-VHG.

37 B.R. 222 (1984)

In re VICTORY CONSTRUCTION CO., INC., Debtor. John H. HADLEY, et al., Plaintiffs/Appellees, v. VICTORY CONSTRUCTION CO., INC., Defendant/Appellant.

United States Bankruptcy Appellate Panels of the Ninth Circuit.

Decided February 15, 1984.

Attorney(s) appearing for the Case

Gary E. Klausner, Robinson, Wolas & Diamant, Los Angeles, Cal., for defendant/appellant.

William C. Moritz, Donnelly, Clark & Chase, Los Angeles, Cal., for plaintiffs/appellees.

Before VOLINN, HUGHES and GEORGE, Bankruptcy Judges:

VOLINN, Bankruptcy Judge.

I. INTRODUCTORY

The debtor, Victory Construction, appeals from an order terminating the automatic stay of 11 U.S.C. § 362 against foreclosure of its sole asset, a parcel of improved real estate. The trial court ruled that the debtor's lack of good faith in filing its Chapter 11 case was cause for relief from the stay imposed by 11 U.S.C. § 362. The basic issue presented by the parties is whether lack of good faith is ...

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