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§ 101(18)(A)

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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Consumer opinion summary, case decided on May 11, 2017 , LexisNexis #0617-031
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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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Consumer opinion summary, case decided on December 22, 2016 , LexisNexis #0117-091
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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
Consumer opinion summary, case decided on February 17, 2015 , LexisNexis #0315-036
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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
Consumer opinion summary, case decided on February 19, 2014 , LexisNexis #0314-036
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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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Consumer opinion summary, case decided on June 26, 2012 , LexisNexis #0712-106
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