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In re Poe

In re Poe

Ruling
Debtors who were no longer family farmers were ineligible to file under chapter 12.
Procedural posture

The debtors filed for relief under chapter 12 of the United States Bankruptcy Code and submitted a proposed plan. The debtors sought to strip down the deed of trust liens of a creditor to the value of their real property and then to amortize the notes over a 40-year period. The creditor objected to the proposed treatment of the loans and the court held an evidentiary hearing on the debtors' eligibility under chapter 12.

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Consumer opinion summary, case decided on July 29, 2009 , LexisNexis #0909-036