Legal Opinion

Brent Thomas Jenkins and Brent Thomas Jenkins, D/B/A Jenkins Stock Farms, Alleged Bankrupt v. Petitioning Creditor-Ray E. Friedman & Company

Court of Appeals for the Eighth Circuit

Decided November 18, 1981No. 80-1972PublishedCited by 9 opinions

1Opinion of the Court

McMILLIAN, Circuit Judge.

Appellant Ray E. Friedman & Co. (Friedman) seeks reversal of the district court’s 1 order dismissing its involuntary petition in bankruptcy. Friedman contends the district court erred in concluding that the alleged bankrupt, Brent Thomas Jenkins, was a “farmer” within the meaning of § 4(b) of the Bankruptcy Act of 1898, 2 and therefore exempt from an adjudication of involuntary bankruptcy. We affirm.

Friedman, a Chicago-based brokerage firm, commenced this involuntary bankruptcy proceeding on June 28,1978, alleging that Jenkins had fraudulently and preferentially…

2Cases cited9 opinions

  1. In Re MacKlemDistrict Court, D. Maryland · 1927
  2. In re DisneyDistrict Court, D. Maryland · 1915
  3. In re WhiteDistrict Court, D. Colorado · 1965
  4. In the Matter of Bert F. Hinrichs, Bankrupt. Bert F. Hinrichs, Appellnt v. John Deere Company of MolineCourt of Appeals for the Seventh Circuit · 1963
  5. Smith v. WhiteCourt of Appeals for the Ninth Circuit · 1948

4 more not listed; retrieve them via the Exa API.

3Cited by9 opinions

  1. In Re RottUnited States Bankruptcy Court, D. North Dakota · 1987
  2. In Re George C. MONTGOMERY, Debtor. George C. MONTGOMERY, Appellant, v. Norah RYAN, AppelleeCourt of Appeals for the Eighth Circuit · 1994
  3. In Re Tim Wargo & Sons, Inc., Debtor. Tim Wargo & Sons, Inc. v. Equitable Life Assurance Society of the United StatesCourt of Appeals for the Eighth Circuit · 1989
  4. Ray E. Friedman & Co. v. Jenkins (In Re Jenkins)United States Bankruptcy Court, D. North Dakota · 1986
  5. In Re Caucus Distributors, Inc.United States Bankruptcy Court, E.D. Virginia · 1988

4 more not listed; retrieve them via the Exa API.

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