In Re Co Petro Marketing Group, Inc.

680 F.2d 566 7 Collier Bankr.Cas.2d 128 , 9 Bankr.Ct.Dec. 466 In re CO PETRO MARKETING GROUP, INC., Debtor. CO PETRO MARKETING GROUP, INC., and Irving Sulmeyer, as trustee of Co Petro Marketing Group, Inc., Appellants, v. COMMODITY FUTURES TRADING COMMISSION, Appellee. No. 81-5393. United States Court of Appeals, Ninth Circuit. Argued and Submitted Nov. 5, 1981. Decided June 28, 1982. Ronald S. Orr, Gibson, Dunn & Crutcher, Los Angeles, Cal., for appellants. Gregory C. Glynn, Washington, D. C., argued, for appellee; Charles R. Mills, Washington, D. C., on brief. Appeal from the United States Bankruptcy Appellate Panel of the Ninth Circuit. Before CANBY and NORRIS, Circuit Judges, and SMITH, District Judge * . OPINION CANBY, Circuit Judge: 1 Irving Sulmeyer, as trustee in bankruptcy of Co Petro Marketing Group, Inc., (Co Petro), appeals from an order of the Bankruptcy Appellate Panel, 11 B.R. 546 , reversing the bankruptcy court, 6 B.R. 119 , and remanding with directions to dismiss Co Petro's petition for reorganization under Chapter 11 of the Bankruptcy Reform Act of 1978 (Bankruptcy Code), 11 U.S.C. §§ 1101-1146 (Supp. III 1979). This appeal raises several…