In Re D.C. Diamond Head, Inc., 51 B.R. 309 (1985)

Citation: In Re D.C. Diamond Head, Inc., 51 B.R. 309 (1985)
Parent Document: In Re D.C. Diamond Head, Inc., 51 B.R. 309 (1985)
Jurisdiction: United States (federal)
Effective Date: 1985-04-22
Original Source: https://www.courtlistener.com/opinion/1898470/in-re-dc-diamond-head-inc/ ↗

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itself, and the court there held that, since the tenant’s legal position was “neither fanciful nor arbitrary,” it did not constitute “willful default in view of the tenant’s consistent position that it was ready and willing to pay such rent as was ultimately determined by the court to be proper.” 54 A.2d at 146. Similarly, in this case, this Court is convinced that withholding of rent can be “in good faith” even if based on an erroneous (though not “fanciful”) view of the law. Moreover, this Court believes that, notwithstanding the contrary panel decision in Interstate Restaurants, Inc. v. Halsa Corp.,

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