IN RE FOX

BAP No. KS-99-023. Bankruptcy No. 98-20105.

241 B.R. 224 (1999)

In re Donald Furman FOX, Debtor. United Phosphorus Ltd., Appellant, v. Donald Furman Fox and United States Trustee, Appellees.

United States Bankruptcy Appellate Panel of the Tenth Circuit.

November 30, 1999.


Attorney(s) appearing for the Case

Terrance M. Summers (Floyd R. Finch with him on the brief) of Blackwell Sanders Peper Martin LLP, Kansas City, Missouri, for Appellant.

Carl R. Clark (John J. Cruciani with him on the brief) of Lentz & Clark, Overland Park, Kansas, for Appellees.

Before McFEELEY, Chief Judge, BOULDEN, and CORNISH, Bankruptcy Judges.


OPINION

McFEELEY, Chief Judge.

United Phosphorus, Ltd. ("Appellant") appeals the Order of the United States Bankruptcy Court for the District of Kansas denying its Motion to Convert this Proceeding to a Liquidation Under Chapter 7 or, Alternatively, to Dismiss Bankruptcy ("Motion"). Appellant contends that when a debtor files a Chapter 11 bankruptcy petition in lieu of filing a supersedeas bond, it is per se evidence of a debtor's bad faith under...

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