Legal Opinion
In Re Nelson
United States Bankruptcy Court, D. South Dakota
Decided February 13, 1991No. 19-40022PublishedCited by 4 opinions
1Opinion of the Court
MEMORANDUM DECISION
PEDER K. ECKER, Bankruptcy Judge.
ACTION
This decision adjudicates objections filed to the Chapter 7 Trustee’s notice of proposed action to sell real property free and clear of liens and encumbrances. The action pits two different bodies of federal law against each other: bankruptcy law and U.S. Department of Agriculture loan subsidies. After- analyzing relevant provisions of the Bankruptcy Code and agricultural regulations as articulated below, the Court concludes that both bodies of law complement each other but the sale cannot be presently approved. This is a core…
2Cases cited38 opinions
- Grogan v. GarnerSupreme Court of the United States · 1991
- Crawford Fitting Co. v. J. T. Gibbons, Inc.Supreme Court of the United States · 1987
- Watt v. AlaskaSupreme Court of the United States · 1981
- Midlantic National Bank v. New Jersey Department of Environmental ProtectionSupreme Court of the United States · 1986
- Radzanower v. Touche Ross & Co.Supreme Court of the United States · 1976
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3Cited by4 opinions
- Carpio v. Smith (In Re Carpio)United States Bankruptcy Court, W.D. Missouri · 1997
- United States of America, Through the Farmers Home Administration v. David E. Nelson Marsha R. NelsonCourt of Appeals for the Eighth Circuit · 1992
- United States v. Nelson (In Re Nelson)District Court, D. South Dakota · 1991
- Soltesz v. Rushmore Plaza Civic CenterDistrict Court, D. South Dakota · 2012