IN RE COLORADO INDUS. BANK OF LOVELAND

Civ. A. No. 87-M-1989.

85 B.R. 855 (1988)

In re COLORADO INDUSTRIAL BANK OF LOVELAND, Debtor. COLORADO INDUSTRIAL BANK OF LOVELAND, Appellant, v. COLORADO STATE BANK COMMISSIONER, et al., Appellees.

United States District Court, D. Colorado.

May 12, 1988.


Attorney(s) appearing for the Case

Glen E. Keller, Jr., David R. Garfield, Davis, Graham & Stubbs, Denver, Colo., for debtor/appellant.

Barbara M.A. Walker, Regulatory Law Section, Alan J. Harper, U.S. Trustee, John B. Moorehead, Timothy R. Beyer, Jeffrey Cohen, Jean M. Christman, Koransky, Friedman, Cohen & Solomon, P.C., Denver, Colo., for appellees.


MEMORANDUM OPINION AND ORDER

MATSCH, District Judge.

The debtor appeals from an order dismissing its voluntary Chapter 11 petition. The bankruptcy judge determined that the Colorado Industrial Bank of Loveland is an industrial bank which is ineligible to be a debtor under 11 U.S.C. § 109(b)(2), and even if the bank were eligible to file, dismissal is appropriate under 11 U.S.C. § 305 because the interests of creditors and the debtor would be better...

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