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IN RE JARTRAN, INC.

No. 88-2166.

886 F.2d 859 (1989)

IN RE JARTRAN, INC., Debtor. FRUEHAUF CORPORATION, Appellant. v. JARTRAN, INC., Appellee.

United States Court of Appeals, Seventh Circuit.

Decided September 26, 1989.

As Amended September 28, 1989.

Attorney(s) appearing for the Case

Gerald F. Munitz, Cory Lipoff, Winston & Strawn, Chicago, Ill., for appellant.

Christine L. Olson, Sara E. Cook, James P. DeNardo, McKenna, Storer, Rowe, White & Farrug, Chicago, Ill., for appellee.

Jack Penca, Asst. U.S. Atty., Chicago, Ill., for U.S.

Before CUDAHY, COFFEY, and EASTERBROOK, Circuit Judges.

CUDAHY, Circuit Judge.

In this case we are asked to determine the novel question of the propriety of serial Chapter 11 bankruptcy filings. The debtor originally filed a petition for reorganization under Chapter 11, which was confirmed and substantially consummated. Less than one and a half years later, the debtor filed a second Chapter 11 petition, which had as its goal the liquidation of the reorganized entity. If the second...

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