Legal Opinion
In the Matter of Colorado Trust Deed Funds, Inc., Debtor
Court of Appeals for the Tenth Circuit
Decided November 19, 1962No. 6949PublishedCited by 15 opinions
1Opinion of the Court
BREITENSTEIN, Circuit Judge.
The issue is whether the trial court erred in dismissing a petition for reorganization under Chapter 10 of the Bankruptcy Act 1 upon the ground that the petition was not filed in good faith.
The statute provides that a trial judge shall dismiss a Chapter 10 petition if he is not satisfied that it has been filed in good faith. 2 Good faith is defined by 11 U.S.C. § 546 which, so far as is pertinent, reads:
“Without limiting the genei'ality of the meaning of the term ‘good faith’, a petition shall be deemed not to be filed in good faith if—
* * X- X- x- *
“(2) adequate…
2Cases cited6 opinions
- Tennessee Publishing Co. v. American National BankSupreme Court of the United States · 1936
- Fidelity Assurance Assn. v. SimsSupreme Court of the United States · 1943
- Marine Harbor Properties, Inc. v. Manufacturers Trust Co.Supreme Court of the United States · 1942
- First Nat. Bank v. Conway Road Estates Co.Court of Appeals for the Eighth Circuit · 1938
- Grubbs v. PettitCourt of Appeals for the Second Circuit · 1960
1 more not listed; retrieve them via the Exa API.
3Cited by15 opinions
- Thomas v. Colorado Trust Deed Funds, Inc.Court of Appeals for the Tenth Circuit · 1966
- Claybrook Drilling Company, a Corporation v. Divanco, Inc., and Henry D. Hughes, in the Matter of Divanco, Inc., DebtorCourt of Appeals for the Tenth Circuit · 1964
- Aune v. ReyndersCourt of Appeals for the Tenth Circuit · 1965
- In Re Alves Photo Service, Inc.United States Bankruptcy Court, D. Massachusetts · 1980
- In Re Southern Land Title CorporationDistrict Court, E.D. Louisiana · 1968
10 more not listed; retrieve them via the Exa API.