In Re Mifflinburg Body Works, Inc.

205 F.2d 150, 1953 U.S. App. LEXIS 3662

• Court: Court of Appeals for the Third Circuit
• Decided: June 15, 1953
• Docket: 10856
• Status: Published

Opinion

PER CURIAM.

This is an appeal from the Order of the District Court dismissing a creditors’ petition for reorganization of Mifflinburg Body Works, Inc. 1 pursuant to the provisions of Chapter X of the Bankruptcy Act. 2 The Order of dismissal was premised on the finding by the District Court, after several hearings, that the petition had not been filed “in good faith”.

As we have had occasion to observe in the past, the District Court is charged with the duty o'f ascertaining whether a petition in a Chapter X proceeding is filed “in good faith”. 3 Further, it is well-settled that a finding as to “good faith” is a finding of fact and it will not be reversed unless clearly erroneous. 4

Upon consideration of the record we are of the opinion that it does not sustain the creditors’ contention that the District Court’s finding of lack of good faith was clearly erroneous.

For the reasons stated the Order of the District Court will be affirmed.

1 . Mifflinburg Body Works, Inc. is a Pennsylvania corporation with its principal place of business in Mifflinburg, Pennsylvania. Its business consists of the manufacture, production and marketing of wood-working items.

2 . 11 U.S.C.A. § 501 et seq.

3 . In re Julius Roehrs Co., 3 Cir., 1940, 115 F.2d 723, 724; See 6 Collier on Bankruptcy, 14th ed. page 1751.

4 . Seaboard Terminals Corporation v. Western Maryland Railway Company, 4 Cir., 1940, 108 F.2d 911, 916; Wiemeyer v. Koch, 8 Cir., 1945, 152 F.2d 230, 234.