Legal Opinion
Arnold & Baker Farms v. United States ex rel. United States Farmers Home Administration
Court of Appeals for the Ninth Circuit
Decided June 7, 1996No. Nos. 95-15305, 95-15309, 95-15701PublishedCited by 3 opinions
1Opinion of the Court
WILLIAM A. NORRIS, Circuit Judge:
Debtor Arnold and Baker Farms petitioned for relief under Chapter 11 and filed a plan of reorganization which proposed to satisfy the claims of the creditors by transferring real property to them — colloquially known as a “dirt for debt” plan. When Arnold and Baker’s largest creditor, the Farmers Home Administration (FmHA), objected to the plan, Arnold and Baker invoked the “cram down” provision of the Bankruptcy Code, 11 U.S.C. § 1129(b). The question presented is whether the plan’s proposal to transfer to FmHA a portion of the collateral securing FmHA’s…
2Cases cited20 opinions
- United States v. Winston Bryant McConneyCourt of Appeals for the Ninth Circuit · 1984
- In the Matter of JAMES WILSON ASSOCIATES, Debtor. Appeals of METROPOLITAN LIFE INSURANCE COMPANYCourt of Appeals for the Seventh Circuit · 1992
- In the Matter of Combined Metals Reduction Company, Debtor (Ten Cases). Irving Bennett v. Paul Gemmill, Trustee, (Four Cases). Irving Bennett v. W. Lamonte Robison, Trustee, (Four Cases). Irving Bennett v. Paul Gemmill, Trustee, Jeremiah Milbank, and Milbank & Co., Irving Bennett, Entrada Industries, Inc. (Wasatch Chemical Division), Charles A. Steen, Individually, Charles A. Steen, as Custodian for His Sons and Heirs, and Charles A. Steen on Behalf of the Steen Foundation v. Paul Gemmill, TrusteeCourt of Appeals for the Ninth Circuit · 1977
- Metropolitan Life Ins. v. Murel Holding Corp.Court of Appeals for the Second Circuit · 1935
- In Re Roberts Farms, Inc.Court of Appeals for the Ninth Circuit · 1981
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3Cited by3 opinions
- In Re Arnold & Baker Farms, Debtor. Arnold & Baker Farms v. United States of America, on Behalf of the United States Farmers Home Administration, Arnold & Baker Farms, and Western Cotton Services Corp. v. United States of America, on Behalf of the United States Farmers Home Administration, Arnold & Baker Farms v. United States of America, on Behalf of the United States Farmers Home Administration, Western Cotton Services Corp.Court of Appeals for the Ninth Circuit · 1996
- In re Ponce de Leon 1403, Inc.United States Bankruptcy Court, D. Puerto Rico · 2014
- Olympic Coast Investment, Inc. v. Crum (In re Wright)Court of Appeals for the Ninth Circuit · 2009