Legal Opinion

In the Matter of Button Hook Cattle Co., Inc., Debtor. Button Hook Cattle Co., Inc. v. Commercial National Bank and Trust Co.

Court of Appeals for the Eighth Circuit

Decided November 2, 1984No. 84-1210PublishedCited by 17 opinions

1Opinion of the Court

JOHN R. GIBSON, Circuit Judge.

The issue presented in this appeal is whether a farmer who files a petition under chapter 11 of the Bankruptcy Code, 11 U.S.C. §§ 1101-1146 (1982), but fails to submit a reorganization plan within 120 days from filing is thereafter vulnerable to a liquidation plan filed by a party in interest to the chapter 11 proceeding. We conclude that a bankruptcy court may confirm a liquidation plan in such a situation, and therefore we affirm the district court’s 1 judgment approving the bankruptcy court’s 2 confirmation in this case.

The appellant, Button Hook Cattle…

2Cases cited4 opinions

  1. In Re Blanton Smith Corp.United States Bankruptcy Court, M.D. Tennessee · 1980
  2. In Re LangeUnited States Bankruptcy Court, D. Kansas · 1984
  3. In Re TinsleyUnited States Bankruptcy Court, W.D. Kentucky · 1984
  4. In Re J.F. Toner & Son, Inc.United States Bankruptcy Court, W.D. Virginia · 1984

3Cited by17 opinions

  1. Gary D. Hanson, Sandra Kay Hanson v. First Bank of South Dakota, N.A.Court of Appeals for the First Circuit · 1987
  2. Jorgensen v. Federal Land Bank of Spokane (In Re Jorgensen)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1986
  3. In Re JeppsonUnited States Bankruptcy Court, D. Utah · 1986
  4. In re Mangia Pizza Investments, LPUnited States Bankruptcy Court, W.D. Texas · 2012
  5. Rhett Sears v. Korley SearsCourt of Appeals for the Eighth Circuit · 2017

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