Legal Opinion

In Re Holi-Penn, Inc., Debtor. In Re Treward Realty Inc., Debtor. Appeal of Union Commerce Bank

Court of Appeals for the Third Circuit

Decided May 13, 1976No. 75-2028 and 75-2029PublishedCited by 24 opinions

1Opinion of the Court

OPINION OF THE COURT

ROSENN, Circuit Judge.

The Union Commerce Bank (“Bank”) appeals from orders approving two petitions filed under Chapter X of the Bankruptcy Act, 11 U.S.C. § 501 et seq. (1971). 1 At issue is the finding of the United States District Court for the Eastern District of Pennsylvania that each petition was filed in “good faith.” The Bank urges that this finding in each case was clearly erroneous. We agree that the petitions were not filed in good faith and reverse the orders approving the petitions.

I

The two debtors and appellees are Treward Realty, Inc. (“Treward”), which holds…

2Cases cited16 opinions

  1. Government of the Virgin Islands v. Beaumont Gereau, in Nos. 74-2019, 74-2020, 74-2021, 74-2022,74-2023Court of Appeals for the Third Circuit · 1975
  2. Universal Athletic Sales Co., a Corporation v. Larry Salkeld Appeal of Donald E. PinchockCourt of Appeals for the Third Circuit · 1975
  3. Securities & Exchange Commission v. American Trailer Rentals Co.Supreme Court of the United States · 1965
  4. Fidelity Assurance Assn. v. SimsSupreme Court of the United States · 1943
  5. Marine Harbor Properties, Inc. v. Manufacturers Trust Co.Supreme Court of the United States · 1942

11 more not listed; retrieve them via the Exa API.

3Cited by24 opinions

  1. Carolin Corporation v. Robert J. Miller, Jr.Court of Appeals for the Fourth Circuit · 1989
  2. In Re Rosemary BROWN, Debtor. FIRST JERSEY NATIONAL BANK v. Rosemary BROWN, AppellantCourt of Appeals for the First Circuit · 1991
  3. In Re Victory Const. Co., Inc.United States Bankruptcy Court, C.D. California · 1981
  4. Sinkow v. Latimer (In Re Latimer)United States Bankruptcy Court, E.D. Pennsylvania · 1988
  5. In Re Sky Group International, Inc.United States Bankruptcy Court, W.D. Pennsylvania · 1989

19 more not listed; retrieve them via the Exa API.

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