- 11 U.S.C.
Grayson Natl Bank v. Keiths Tree Farm (In re Keiths Tree Farm)
Mar
18
2016
Ruling
Confirmation of tree farm's chapter 12 plan denied on feasibility grounds, without leave to amend and case dismissed with prejudice.
Issue(s)
Could debtor tree farm's chapter 12 plan be confirmed?
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Court
:
- 11 U.S.C.
In re Hernandez
Feb
23
2016
Ruling
Direct payments to creditor on impaired secured claim approved.
Issue(s)
Whether payments to secured creditor BPPR, provided for by the chapter 12 plan should be made by the trustee, or could be made directly to the secured creditor by the debtor?
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Court
:
- 11 U.S.C.
In re Bright Harvesting Inc.
Dec
04
2015
Ruling
Chapter 12 plans could be confirmed if amended per court instructions.
Issue(s)
Could chapter 12 plans of farming business and its owners be confirmed?
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Court
:
- 11 U.S.C.
Seifert v. Carlson (In re Seifert)
May
22
2015
Ruling
Agreement on creditor's objections to debtor's chapter 12 plan did not render debtor's claim to exemption in proceeds of crop sale moot.
Issue(s)
Whether a bankruptcy court properly held that an objection to a chapter 12 debtor's claim of exemption in farm proceeds under Minn. Stat. § 550.37(13) was moot.
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Court
:
Judge or Jurisdiction information not available
- 11 U.S.C.
In re Howe Farms LLC
Oct
16
2014
Ruling
Confirmation of plan proposing cram down of interest rate and payment of loan as long-term debt with twelve-year amortization and seven-year balloon payment denied.
Issue(s)
Could chapter 12 debtors' plan be confirmed over creditor bank's objection?
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Court
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In re Keiths Tree Farms
Oct
03
2014
Ruling
Chapter 12 plan could not be confirmed due to failure to pay present value of all secured claims and lack of feasibility.
Issue(s)
Whether to confirm the debtor's chapter 12 plan, and if not, whether to deny leave to amend and dismiss the debtor's case?
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Court
:
In re Perkins
Oct
30
2013
Ruling
Confirmation denied as plan provided insufficient value to creditor and did not propose Till rate of interest.
Issue(s)
Whether debtors were eligible to be debtors under chapter 12 and whether their proposed plan met the confirmation requirements of 11 U.S.C.S. § 1225(a)(1), (3), (5)(B), and/or (6).
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Court
:
In re Chickosky
Oct
01
2013
Ruling
Confirmation of chapter 12 plan denied on feasibility grounds.
Issue(s)
Was plan of debtor tobacco farmers confirmable given projected income and expenses and proposed treatment of creditors.
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Court
:
In re McMahon Family LP
Jul
10
2013
Ruling
Confirmation denied where debtor tree farming operation did not establish ability to make proposed payments.
Procedural posture
A chapter 12 trustee objected to confirmation of a debtor's plan on the grounds that the plan did not meet the "best interest of creditors" test under 11 U.S.C.S. § 1225(a)(4). A bank also objected to confirmation on the grounds that the debtor did not qualify for chapter 12 relief, unsecured creditors would be paid in full in a chapter 7 liquidation, and the debtor's proposed treatment of the bank's secured claim was commercially unreasonable.
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Court
:
- 11 U.S.C.
In re Standley
Mar
22
2013
Ruling
Confirmation denied as proposed term of payment was too long.
Procedural posture
Debtors filed a petition under chapter 12 of the Bankruptcy Code and proposed a plan for paying their creditors. After the debtors failed to make a payment that was due under their original plan, they filed an amended plan and asked the court to confirm their amended plan. Two banks that held claims against the debtors' property filed a motion to dismiss the debtors' case and an objection to confirmation of the debtor's second amended plan.
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Court
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