Legal Opinion
In Re Tim Wargo & Sons, Inc., Debtor. Tim Wargo & Sons, Inc. v. Equitable Life Assurance Society of the United States
Court of Appeals for the Eighth Circuit
Decided March 14, 1989No. 88-1949PublishedCited by 23 opinions
1Opinion of the Court
BOWMAN, Circuit Judge.
Tim Wargo & Sons, Inc. (debtor) appeals from a final order of the District Court 1 affirming the Bankruptcy Court’s 2 dismissal of its Chapter 12 case. 3 The courts below ruled that debtor is not eligible for Chapter 12 relief because it is not a “family farmer” as defined by the Bankruptcy Code (Code). We affirm.
Debtor is a closely held corporation whose principal asset is approximately 450 acres of farmland located in Desha County, Arkansas. Tim Wargo, Sr. owns sixty percent of debtor’s stock, the remainder split among his wife Callie and two sons Tim, Jr. and Andrew.…
2Cases cited10 opinions
- In the Matter of Bernard Armstrong, Debtor-AppellantCourt of Appeals for the Seventh Circuit · 1987
- In Re RottUnited States Bankruptcy Court, D. North Dakota · 1987
- In Re Dakota Lay'd EggsUnited States Bankruptcy Court, D. North Dakota · 1986
- In Re Mikkelsen Farms, Inc.United States Bankruptcy Court, D. Oregon · 1987
- Matter of BurkeUnited States Bankruptcy Court, S.D. Iowa · 1987
5 more not listed; retrieve them via the Exa API.
3Cited by23 opinions
- First National Bank v. Woods (In Re Woods)Court of Appeals for the Tenth Circuit · 2014
- In Re George C. MONTGOMERY, Debtor. George C. MONTGOMERY, Appellant, v. Norah RYAN, AppelleeCourt of Appeals for the Eighth Circuit · 1994
- Hamilton Creek Metropolitan District v. Bondholders Colorado Bondshares (In Re Hamilton Creek Metropolitan District)Court of Appeals for the Tenth Circuit · 1998
- 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
- In Re Cloverleaf Farmer's CooperativeUnited States Bankruptcy Court, D. South Dakota · 1990
18 more not listed; retrieve them via the Exa API.