sitting by designation, concurring specially:
Since “[i]t is not clear that we have had an opportunity to consider all the circumstances in this case, as no evidentiary hearing was held on the good faith issue,” and “[w]e therefore feel it is best to remand the case to the district court, where both parties shall be afforded a hearing on the good faith issue,” I concur only in that portion of the court’s opinion which supports the decision to remand the case to the district court.