In re DeGour

MEMORANDUM DECISION RE TRUSTEE’S MOTION TO DISMISS BANKRUPTCY CASE

DEBORAH J. SALTZMAN, Bankruptcy Judge.

Before the court is the motion (the “Motion,” docket no. 26) filed by Wesley H. Avery, the chapter 12 trustee (the “Trustee”), to dismiss this case because the debtors are not eligible for relief under *2chapter 12. The Bank of New York Mellon Trust Company, N.A. (“Mellon”), a creditor of the debtors, supports the Motion. Robert DeGour and Lynn Randle (the “Debtors”) oppose the Motion.

There is little guidance from case law regarding the chapter 12 eligibility issues raised in the Motion. At…