Court of Appeals for the Fifth Circuit December 15, 1980, 79-1240 (In the Matter of Consolidated Motor Inns, Debtor. Consolidated Motor Inns v. Bva Credit Corporation)

GARZA, Circuit Judge:

We have before us a case and an issue which, on a previous appeal, arrived and departed without resolution. On this appeal, we will consider the case and decide the issue.

On January 23, 1975, the appellant, Consolidated Motor Inns [CMI], a Georgia limited partnership, filed a petition under Chapter XII of the “old” Bankruptcy Act, 11 U.S.C. § 906

et seq.