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MATTER OF ELMWOOD DEVELOPMENT CO.

No. 91-3572.

964 F.2d 508 (1992)

In the Matter of ELMWOOD DEVELOPMENT COMPANY, a Louisiana Partnership in Commendam, Debtor. ELMWOOD DEVELOPMENT COMPANY, a Louisiana Partnership in Commendam, Appellant, v. GENERAL ELECTRIC PENSION TRUST, Appellee.

United States Court of Appeals, Fifth Circuit.

July 2, 1992.

Attorney(s) appearing for the Case

Alan Harry Goodman, Lemle & Kelleher, Maryann Liuzza Cote, New Orleans, La., for appellant.

John David Ziober, Shockey & Ziober, Baton Rouge, La., for Trustees of General Elec.

John J. Dawson, John R. Clemency, Phoenix, Ariz., for General Elec. Pension Trust.

Before POLITZ, Chief Judge, REYNALDO G. GARZA and WIENER, Circuit Judges.

POLITZ, Chief Judge:

Elmwood Development Company appeals the dismissal of its second Chapter 11 bankruptcy petition. Agreeing with the bankruptcy and district courts that the second petition was not filed in good faith, we affirm.

Background

In July of 1985, General Electric Pension Trust ("GEPT") initiated Louisiana foreclosure proceedings against Elmwood's main asset, a ten-story office building called Elmwood Towers. GEPT agreed to defer...

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