In Re Cole

OPINION

EMIL F. GOLDHABER, Chief Judge:

The issue for consideration is whether we should grant a creditor’s motion for the appointment of a trustee pursuant to 11 U.S.C. § 1104 of the Bankrupcty Code (“the Code”). For the reasons set forth below, we conclude that the motion should be denied.

The facts of this case are as follows: 1 On July 17, 1985, C. Horse Farm filed a voluntary petition under chapter 7 of the Bankruptcy Code. On July 24, 1985, Timothy W. Cole and Margaret N. Cole filed a petition for reorganization under chapter 11 of the Bankruptcy Code. The estates of C. Horse Farm, Inc.…