Legal Opinion
In re CF Beef & Grain, LLC
United States Bankruptcy Court, E.D. Wisconsin
Decided September 18, 2018No. Case No. 18-20898-behPublishedCited by 2 opinions
1Opinion of the Court
Beth E. Hanan, United States Bankruptcy Judge
In this case, the Court must balance giving the Debtor an opportunity to confirm its plan to reorganize and keep its farm in operation, against preserving the fair treatment of its creditors and the integrity of the bankruptcy process. See In re Pertuset , 492 B.R. 232, 237 (Bankr. S.D. Ohio 2012). Here, that balance tips against confirmation, because the Debtor's plan is not feasible, and implicitly rests on a closely related LLC continuing to default on its obligation to one of the Debtor's secured lenders, among other shortcomings.
The Debtor, CF…
2Cases cited8 opinions
- In Re Coram Graphic ArtsUnited States Bankruptcy Court, E.D. New York · 1981
- In the Matter of Thomas Fortney and Lavonna Fortney, Debtors-Appellees, Appeal of Daniel R. Freund, Chapter 12 TrusteeCourt of Appeals for the Seventh Circuit · 1994
- In re PertusetUnited States Bankruptcy Court, S.D. Ohio · 2012
- In Re SzuderaUnited States Bankruptcy Court, D. North Dakota · 2001
- Mosbrucker v. United States (In Re Mosbrucker)United States Bankruptcy Appellate Panel for the Eighth Circuit · 1998
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3Cited by2 opinions
- Dean Richard VongermetenUnited States Bankruptcy Court, E.D. Wisconsin · 2021
- Vongermeten v. Planet Home Lending, LLCUnited States Bankruptcy Court, E.D. Wisconsin · 2021