In Re Gregory A. Lemaire, Debtor. Paul Handeen v. Gregory A. Lemaire

MAGILL, Circuit Judge,

with whom LAY, Chief Judge, and McMILLIAN, Circuit Judge, join, dissenting.

I respectfully dissent. Although it purports to consider the totality of the circumstances and give due deference to the bankruptcy court’s credibility determinations, the majority ultimately relies on its own view of “public policy” to hold clearly erroneous the bankruptcy court’s finding that LeMaire proposed his plan in good faith. I reject the idea that this court’s own policy preference is a legitimate basis for reversing the bankruptcy court’s decision.

I

Despite the disclaimer that its…