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IN RE THIRTIETH PLACE, INC.

BAP No. AZ-82-1209, Bankruptcy No. 81-2297 PHX HMC, Adv. No. 81-885 HMC.

30 B.R. 503 (1983)

In re THIRTIETH PLACE, INC., an Arizona corporation, Debtor. MEADOWBROOK INVESTORS' GROUP and Jerome Deitch, Plaintiffs-Appellants, v. THIRTIETH PLACE, INC., an Arizona corporation, Defendant-Appellee.

United States Bankruptcy Appellate Panels of the Ninth Circuit.

Decided March 15, 1983.

Attorney(s) appearing for the Case

William J. Monahan, Law Offices of Wallace J. Baker, Jr., P.C., Phoenix, Ariz., for plaintiffs-appellants.

Howard C. Meyers, Davis & Meyers, P.C., Phoenix, Ariz., for defendant-appellee.

Before GEORGE, KATZ and HUGHES, Bankruptcy Judges.

OPINION

KATZ, Bankruptcy Judge:

In the instant proceeding, the appellants seek review of the denial of their complaint to lift the debtor's automatic stay or, in the alternative, to dismiss its Chapter 11 case with prejudice. In particular, the appellants question the trial court's finding that the debtor's petition was filed in good faith. After a review of the trial record, we must hold that the bankruptcy court's finding of good faith is not supported...

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