In the Matter of Elcona Homes Corporation, Debtor-Appellant. Green Tree Acceptance, Inc.

While I agree with much of the majority opinion, I do not agree that the case in the words of the majority opinion “must be remanded for a determination whether there was not only a practice of direct payment from the finance company to the manufacturer but an obligation to make such payments.” With all due respect, Judge Lee has already done just that. In his opinion he said:

In this court’s view, the stipulations differentiate the facts in this case from those presented in either Virginia Block or Inland Steel, even apart from the fact that in this case the court is not dealing with debts of…