In the Matter of CONSOLIDATED MOTOR INNS, Debtor, CONSOLIDATED MOTOR INNS, Appellant, v. BVA CREDIT CORPORATION, Appellee
Court of Appeals for the Fifth Circuit
1Opinion of the Court
VANCE, Circuit Judge:
This case comes before the en banc court for reconsideration of the panel’s holding that there is an inconsistency between Chapter XII of the “old” Bankruptcy Act, 11 U.S.C. § 906 et seq., and section 5(j) of that Act, 11 U.S.C. § 23(j).1
The facts are set forth in detail in the vacated opinion of the panel at 632 F.2d 1178 (5th Cir. 1980). We repeat them only to the extent required to pose the issue before us.
Consolidated Motor Inns (CMI), a Georgia limited partnership, filed a petition in the bankruptcy court under Chapter XII. In due course CMI proposed a “Plan of…
2Cases cited7 opinions
- R.I.D.C. Industrial Development Fund v. P. L. SnyderCourt of Appeals for the Fifth Circuit · 1976
- Liberty Nat. Bank of Roanoke, Va. v. BearSupreme Court of the United States · 1928
- Myers v. International Trust Co.Supreme Court of the United States · 1927
- First Nat. Bank of Herkimer v. Poland UnionCourt of Appeals for the Second Circuit · 1940
- Acme Tool, Inc. v. FlesherCourt of Appeals for the Tenth Circuit · 1962
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3Cited by4 opinions
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- Mt. Wheeler Power, Inc. v. GallagherNevada Supreme Court · 1982