§ 101(18)

Rosenberger, In re

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.)
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Consumer case opionion summary, case decided on September 29,2020, LexisNexis #1120-026

Carter, In re

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.)
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Consumer case opionion summary, case decided on May 11,2017, LexisNexis #0617-031

In re Perkins

Ruling: 
Plan confirmed where debtor met the family farmer requirement and his amended chapter 12plan was feasible. (Bankr. W.D. Ky.)
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Consumer case opionion summary, case decided on December 22,2016, LexisNexis #0117-091

Davis v. U.S. Bank (In re Davis)

Ruling: 
Chapter 12 case properly dismissed due to debts in excess of eligibility limits.
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Consumer case opionion summary, case decided on February 17,2015, LexisNexis #0315-036

First Natl Bank v. Woods (In re Woods)

Ruling: 
Debt for principal residence did not arise out of farming operation unless directly and substantially connected to the operation.
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Consumer case opionion summary, case decided on February 19,2014, LexisNexis #0314-036

Davis v. Bank of Am. (In re Davis)

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).
Ruling: 
Chapter 12 case properly denied due to debt in excess of limits.
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Consumer case opionion summary, case decided on August 03,2012, LexisNexis #0812-106

In re Meadows

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.
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.
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Consumer case opionion summary, case decided on June 26,2012, LexisNexis #0712-106

In re Cyrus II Pship

Special litigation counsel applied for compensation for services performed on behalf of a bankruptcy trustee, and the largest creditor of the bankruptcy debtor objected to fees allocable to a motion to annul the creditor's judgment against the debtors and to fees allocable to an unsuccessful motion to compromise.
Ruling: 
Fee application by trustee's counsel allowed except for portion of fees relating to unnecessary services.
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Commercial case opionion summary, case decided on September 01,2009, LexisNexis #1009-036

In re Poe

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.
Ruling: 
Debtors who were no longer family farmers were ineligible to file under chapter 12.
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Consumer case opionion summary, case decided on July 29,2009, LexisNexis #0909-036

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