Legal Opinion
Reilly v. Hussey (In re Reilly)
United States Bankruptcy Appellate Panel for the Ninth Circuit
Decided May 3, 1990No. BAP No. MT-89-1501 VJP; Bankruptcy No. 86-2004; Adv. No. 88-0065PublishedCited by 1 opinion
1Opinion of the Court
OPINION
VOLINN, Bankruptcy Judge:
BACKGROUND
The debtors/appellants (husband and wife) were long-time farmers in Montana. In the years before their bankruptcy, their farming income decreased, and they were forced to supplement their income by engaging in non-farming occupations. They initially filed a bankruptcy case under chapter 11, but the bankruptcy court eventually converted the case to chapter 7 for failure to effectuate a plan. The debtors objected to conversion under § 1112(c),1 but the court held that the bar against involuntary conversions of farmers from chapter 11 to chapter 7 did…
2Cases cited9 opinions
- Anant Kumar Tripati v. William C. BeamanCourt of Appeals for the Tenth Circuit · 1989
- Anne M. Pavilonis v. Edward J. KingCourt of Appeals for the First Circuit · 1980
- 39 Fair empl.prac.cas. 162, 38 Empl. Prac. Dec. P 35,583 Eligio Castro and Rafael Diaz Diaz v. United States of AmericaCourt of Appeals for the First Circuit · 1985
- Paul Louis Harrelson v. United States of AmericaCourt of Appeals for the Fifth Circuit · 1980
- Cook v. Peter Kiewit Sons Co.Court of Appeals for the Ninth Circuit · 1985
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3Cited by1 opinion
- Kristan v. Turner (Kristan)Bankruptcy Appellate Panel of the First Circuit · 2008