MATTER OF SMITH

No. 86-2683.

848 F.2d 813 (1988)

In the Matter of Kenneth W. SMITH, Debtor. Appeal of STATE OF INDIANA.

United States Court of Appeals, Seventh Circuit.

Decided June 9, 1988.


Attorney(s) appearing for the Case

John Emry, Office of Atty. Gen., Indianapolis, Ind., for plaintiff-appellant.

Patricia L. Marshall, Hopper & Opperman, Indianapolis, Ind., for defendant-appellee.

Before CUDAHY, RIPPLE and MANION, Circuit Judges.


MANION, Circuit Judge.

The State of Indiana, one of debtor Kenneth Smith's unsecured judgment creditors, appealed the bankruptcy court's confirmation of Smith's Chapter 13 plan. The district court affirmed, and the State again appeals. Because the bankruptcy court did not consider Smith's pre-filing conduct in determining whether he proposed his plan in good faith, we reverse and remand.

I. NATURE OF THE CASE

Smith owned and operated a home repair...

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