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IN RE SMITH

Bankruptcy No. 18500333.

58 B.R. 448 (1986)

In re Winfred J. SMITH, Betty Smith, Debtors.

United States Bankruptcy Court, W.D. Kentucky.

March 7, 1986.

Attorney(s) appearing for the Case

Philip Huddleston, Bowling Green, Ky., for debtor.

Charles English, Bowling Green, Ky., for Robert & Mary Stroop/Creditors.

MEMORANDUM OPINION

MERRITT S. DEITZ, Jr., Bankruptcy Judge.

Good faith in Chapter 11 is again an issue before this court. Here we consider whether it is permissible for a financially sound debtor to invoke Chapter 11 to avoid posting a supersedeas bond in pending state court litigation. We conclude that it is not, and order this case dismissed.

The recent financial history of the Scottish Inn Motel in Bowling Green, Kentucky, under the management...

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