Integra Bank, N.A. v. Ross (In Re Ross)

OPINION

KENNETH J. MEYERS, Bankruptcy Judge.

Creditor, Integra Bank (“Bank”), filed a motion to dismiss the debtors’ Chapter 12 case, arguing that the debtors fail to qualify as “family farmers” eligible for Chapter 12 relief. See 11 U.S.C. § 101(18). Specifically, the Bank asserts that income the debtors received from the sale of land in the year prior to filing constitutes non-farm income which, when added to other non-farm income of the debtors, exceeds the limitation on non-farm income for persons seeking to file a Chapter 12 case. The debtors, in response, assert that the land sale…