Vera T. Welte Testamentary Trust, In re
Jun
03
2024
Ruling
Chapter 12 petition filed by a trust was dismissed as the debtor was an ordinary testamentarytrust, not a business trust, and therefore it was not an eligible debtor. (Bankr. N.D. Iowa)
Issue(s)
Who May Be a Debtor; Chapter 12.
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Court
:
Bussmann, In re
Mar
31
2023
Ruling
Debtor was not eligible for Chapter 12 relief as he did not qualify as a family farmer in that a majority of his debts did not arise out of a farming operation. (Bankr. D. Or.)
Issue(s)
Who May Be a Debtor; Chapter 12.
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Court
:
- 11 U.S.C.
Hoel, In re
Jul
20
2020
Ruling
Debtors did not satisfy Chapter 12 eligibility requirements as their horse boarding activity did not constitute a farming operation and did not bear the risks of fluctuations in market prices and upkeep costs. (Bankr. W.D. Wis.)
Issue(s)
Who May Be a Debtor; Chapter 12.
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Court
:
( Judge Furay ) [ Bankruptcy Court ]
In re Snyder-Myrstol
May
18
2015
Ruling
Chapter 12 case dismissed where debtor did not earn more than 50 percent of gross income from farming.
Issue(s)
Was debtor who raised horses and chickens and sold eggs an eligible chapter 12 debtor?
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Court
:
In re McLawchlin
Jun
05
2014
Ruling
Debtor not engaged in farming operation for three years was ineligible under chapter 12 but could convert to chapter 13.
Issue(s)
Was debtor who was a rice farmer from 1976 until 2010, when he became disabled, eligible as a chapter 12 debtor in 2013?
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Court
:
In re Vecchione
Nov
25
2013
Ruling
Debtor engaged in agrotourism was not eligible under chapter 12.
Issue(s)
Was debtor engaged in agritourism business an eligible chapter 12 debtor?
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Court
:
In re Acee
Nov
12
2013
Ruling
Debtor was not a family farmer eligible under chapter 12 as less than half of debts were farm debts.
Issue(s)
Did debtor whose income was derived from an extensive clay pigeon shooting range, gun club, pistol range, stocked pheasant hunts, and other related recreational activities, and who had disposed of significant farming assets eligible as a family farmer under chapter 12.
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Court
:
In re Cabral
Jun
03
2013
Ruling
Chapter 12 debtor's third case in 29 months dismissed with 180 day filing bar due to debts in excess of limits and bad faith.
Procedural posture
Debtors Antonio filed three chapter 12 bankruptcies in the last 29 months. A creditor moved to dismiss the third bankruptcy and sought a 180 day filing bar.
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Court
:
In re Degour
Aug
24
2012
Ruling
Debtors were ineligible for chapter 12 relief where less than one half of income was from farming, if gross income from S-corp was counted.
Procedural posture
A chapter 12 trustee filed a motion to dismiss the debtors' case on the grounds that they were not eligible for chapter 12 relief under 11 U.S.C.S. §§ 109(f) and 101(18). A creditor supported the trustee's motion, while the debtors opposed the motion.
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Court
:
In re Cooper
Sep
02
2011
Ruling
Debtor in possession whose Christmas tree business provided majority of gross income was not eligible for chapter 12 relief.
Procedural posture
Two creditors filed objections to confirmation of a Chapter 12 modified plan proposed by the debtors-in-possession (DIPs).
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Court
: