Rosenberger, In re
Sep
29
2020
Ruling
Motion to dismiss Chapter 12 case denied as debtor was engaged in a farming operation at thetime she filed her petition. (Bankr. W.D. Va.)
Issue(s)
Definitions; “Family Farmer”.
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Court
:
- 11 U.S.C.
Carter, In re
May
11
2017
Ruling
Court dismissed debtor's case and barred her from filing another bankruptcy case for a period of one year due to her abuse of the bankruptcy code and filing her case in bad faith. (Bankr. M.D.N.C.)
Issue(s)
Definitions; “Family Farmer”; Individual.
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Court
:
- 11 U.S.C.
In re Perkins
Dec
22
2016
Ruling
Plan confirmed where debtor met the family farmer requirement and his amended chapter 12plan was feasible. (Bankr. W.D. Ky.)
Issue(s)
Definitions; “Family Farmer”; Individual.
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Court
:
In re Clark
Apr
13
2016
Ruling
Chapter 12 case dismissed as debtor did not meet definition of "family farmer."
Issue(s)
Should chapter 12 case be dismissed on grounds that the debtor is not a family farmer because his "aggregate debts" exceed $4,031,575?
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Court
:
- 11 U.S.C.
Davis v. U.S. Bank (In re Davis)
Feb
17
2015
Ruling
Chapter 12 case properly dismissed due to debts in excess of eligibility limits.
Issue(s)
Whether a debtor's voluntary petition was properly dismissed because her aggregate debts exceeded the statutory limitation for chapter 12 eligibility in effect, under 11 U.S.C.S. § 101(18)(A) (2010), at the time that the debtor filed her petition.
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Court
:
Judge or Jurisdiction information not available
- 11 U.S.C.
First Natl Bank v. Woods (In re Woods)
Feb
19
2014
Ruling
Debt for principal residence did not arise out of farming operation unless directly and substantially connected to the operation.
Issue(s)
Did bankruptcy court err in finding that chapter 12 debtors' construction loan should not be excluded from the debt total under § 101(18)(A) as arising from farm operations?
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Court
:
Judge or Jurisdiction information not available
Davis v. Bank of Am. (In re Davis)
Aug
03
2012
Ruling
Chapter 12 case properly denied due to debt in excess of limits.
Procedural posture
Chapter 12 debtor appealed from an order of the United States Bankruptcy Court for the Central District of California, that determined she was ineligible to be a debtor in a chapter 12 bankruptcy, and dismissed her case. Debtor argued that, in light of her recent prior chapter 7 discharge, only the portion of secured debt up to the value of collateral should count in determining her chapter 12 eligibility under 11 U.S.C.S. § 101(18).
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Court
:
Judge or Jurisdiction information not available
- 11 U.S.C.
In re Meadows
Jun
26
2012
Ruling
Chapter 12 case ordered converted or dismissed as gross receipts from sale of cattle could not be treated as gross income from farming operations.
Procedural posture
A bank, among other creditors, objected to confirmation of the debtors' chapter 12 plan of reorganization on the grounds that the debtors were ineligible to file under chapter 12 pursuant to 11 U.S.C.S. § 109(f) because they did not meet the statutory definition of "family farmer" in 11 U.S.C.S. § 101(18)(A), as they did not meet the income requirements and were not engaged in a farming operation.
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Court
:
In re Poe
Jul
29
2009
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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Court
:
In re Quillian
Oct
15
2007
Ruling
Chapter 12 debtor with less than 50% of debt arising from farming operation given time to convert to chapter 13 prior to dismissal.
Procedural posture
Movant creditors filed a motion to dismiss a chapter 12 bankruptcy petition on the ground that respondent debtor did not qualify as a debtor.
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Court
: