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IN RE McGOVERN

No. 02-80965-CIV.

297 B.R. 650 (2003)

In re John Thomas MCGOVERN, Debtor.

United States District Court, S.D. Florida.

August 20, 2003.

Attorney(s) appearing for the Case

Robert Cyril Widman, Morris, Widman & Keim, Venice, FL, Joseph W. Little, Gainesville, FL, for appellant.

James Earl Copeland, Cohen, Conway, Copeland, Klett, et al., Palm Beach Gardens, FL, for appellee.

MEMORANDUM OPINION

HURLEY, District Judge.

Charles Grapski ("Grapski" or the "Creditor") appeals from a bankruptcy court order denying his motion to dismiss the Debtor's Chapter 13 case for lack of good faith, and approving the Debtor's third amended reorganization plan. For reasons which follow, this court vacates the bankruptcy court order and remands this case for further findings on the issues of whether the Debtor filed his Chapter 13 petition...

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