Legal Opinion
In Re Ehrich
United States Bankruptcy Court, D. South Dakota
Decided March 31, 1989No. 19-10015PublishedCited by 4 opinions
1Opinion of the Court
IRVIN N. HOYT, Chief Judge.
The issue in this case is whether in a Section 506(a) hearing the real estate securing a claim should be valued as ranch land, the debtor-in-possession’s present use, or whether it should be valued as subdivisable land where the creditor can prove that the land is viable for this purpose?
I limit the scope of this decision to the above legal issue. The question of whether a portion of the Ehrich land has a use more valuable than its present use is a factual question to be determined at the valuation hearing.
There apparently is little published authority on this legal…
2Cases cited6 opinions
- United States v. Ron Pair Enterprises, Inc.Supreme Court of the United States · 1989
- Caminetti v. United StatesSupreme Court of the United States · 1917
- In Re FosterUnited States Bankruptcy Court, D. Montana · 1987
- In Re Robinson Ranch, Inc.United States Bankruptcy Court, D. Montana · 1987
- In Re CoolUnited States Bankruptcy Court, D. Montana · 1987
1 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- United States v. Donato (In Re Donato)District Court, M.D. Pennsylvania · 2000
- In Re ShermanUnited States Bankruptcy Court, E.D. Texas · 1993
- In re Old Colony, LLCUnited States Bankruptcy Court, D. Massachusetts · 2012
- Jarrett Ranches, Inc. v. Farm Credit Banks of Omaha (In Re Jarrett Ranches, Inc.)United States Bankruptcy Court, D. South Dakota · 1989