MATTER OF PLANTATION ACCEPTANCE CORP.

No. 86-3891.

836 F.2d 962 (1988)

In the Matter of PLANTATION ACCEPTANCE CORPORATION, Debtor. HELLER FINANCIAL, INC., Plaintiff-Appellee, v. PLANTATION ACCEPTANCE CORP., Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

February 5, 1988.


Attorney(s) appearing for the Case

Charles E. Cabibi, Cabibi & Cabibi, New Orleans, La., for defendant-appellant.

Clarence F. Favret, Jr., Favret, Favret, Demarest & Russo, New Orleans, La., for plaintiff-appellee.

Before BROWN, POLITZ, and JOLLY, Circuit Judges.


POLITZ, Circuit Judge:

The bankruptcy court dismissed the petition for involuntary bankruptcy which Heller Financial, Inc. filed against Plantation Acceptance Corporation (PAC). On appeal the district court reversed the judgment of dismissal and remanded for further proceedings. PAC appeals. We find neither error of fact nor error of law and affirm.

Background

On September 23, 1976 Heller and PAC executed an agreement1

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