In Re Miller
United States Bankruptcy Court, N.D. Iowa
1Opinion of the Court
MICHAEL J. MELLOY, Chief Judge.
Ruling Re: Motion to Dismiss
The matter before the Court is a motion to dismiss filed by John Hancock Mutual Life Insurance Company (“John Hancock”). John Hancock alleges two grounds in support of its motion to dismiss. First, John Hancock argues that the Debtors do not qualify as family farmers for purposes of Chapter 12 relief. Secondly, it is alleged that the Debtors have filed their Chapter 12 petition in bad faith. The motion to dismiss is granted on both of the grounds alleged by John Hancock.
Findings of Fact
1. The Debtors in this case filed a Chapter 11…
2Cases cited11 opinions
- In Re Jartran, Inc., Debtor. Fruehauf Corporation v. Jartran, Inc.Court of Appeals for the Seventh Circuit · 1989
- In Re Dakota Lay'd EggsUnited States Bankruptcy Court, D. North Dakota · 1986
- In Re George Roger Easton and Elsie M. Easton, Debtors. Otoe County National Bank v. George Roger Easton and Elsie M. EastonCourt of Appeals for the Eighth Circuit · 1989
- Grimes v. United States, Farmers Home Administration (In Re Grimes)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1990
- In Re AT of Maine, Inc.United States Bankruptcy Court, D. Maine · 1985
6 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- In The Matter Of Elmwood Development CompanyCourt of Appeals for the Fifth Circuit · 1992
- In Re Roxy Real Estate Co., Inc.United States Bankruptcy Court, E.D. Pennsylvania · 1993
- In Re Delray Associates Ltd. PartnershipUnited States Bankruptcy Court, D. Maryland · 1997
- In Re HenkeUnited States Bankruptcy Court, D. Montana · 1991
- In Re TillotsonUnited States Bankruptcy Court, W.D. New York · 2001
7 more not listed; retrieve them via the Exa API.