Legal Opinion
Cooperative Supply, Inc. v. Corn-Pro Nonstock Cooperative, Inc. (In Re Corn-Pro Nonstock Cooperative, Inc.)
United States Bankruptcy Appellate Panel for the Eighth Circuit
Decided November 10, 2004No. 04-6031, 04-6032, 04-6036PublishedCited by 2 opinions
1Opinion of the Court
FACTUAL BACKGROUND
FEDERMAN, Bankruptcy Judge.
These appeals arise out of an involuntary bankruptcy petition which was filed by Cooperative Supply, Inc. and Darwin Franzen (Petitioning Creditors) against debtor Corn-Pro Nonstock Cooperative, Inc. (Corn-Pro). In response to the involuntary petition, on July 29, 2003, Corn-Pro filed a motion to dismiss, contending that, as a “farmer,” within the meaning of the Bankruptcy Code (the Code), 1 it is not eligible to be the subject of an involuntary bankruptcy proceeding. 2 The bankruptcy court scheduled a continued hearing on the motion to dismiss for…
2Cases cited3 opinions
- Bender v. Williamsport Area School DistrictSupreme Court of the United States · 1986
- Brickwood Contractors, Inc. v. Datanet Engineering, Inc.Court of Appeals for the Fourth Circuit · 2004
- Higgins v. Vortex Fishing Systems, Inc.Court of Appeals for the Ninth Circuit · 2004
3Cited by2 opinions
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- In re: IMANI FE, LP, AKA Abs Bricker, LLC, AKA Abs Hollywood, LLC, AKA Abs Imani Fe, LLC, AKA Abs Magnolia, LLC, AKA Abs Mayer BrickerUnited States Bankruptcy Appellate Panel for the Ninth Circuit · 2012