Legal Opinion

In Re Etheridge

United States Bankruptcy Court, C.D. Illinois

Decided December 9, 1986No. 19-70244PublishedCited by 5 opinions

1Opinion of the Court

OPINION AND ORDER

WILLIAM V. ALTENBERGER, Bankruptcy Judge.

This matter came on to be heard on the Debtor’s Motion to Dismiss the involuntary petition filed by four creditors. The basis of the Debtor’s Motion is that under Section 303(a) of the Bankruptcy Code an involuntary proceeding cannot be commenced against a farmer, and the Debtor is a “farmer” within the definition of that term as found in Section 101(17) of the Bankruptcy Code, which defines a “farmer” as a

“person that received more than 80 percent of such person’s gross income during the taxable year of such person immediately…

2Cases cited3 opinions

  1. Ralph L. Shirmeyer, Inc. v. Indiana Revenue BoardIndiana Supreme Court · 1951
  2. First Trust Co. v. Commonwealth Co.Court of Appeals for the Eighth Circuit · 1938
  3. McCulley v. KelmDistrict Court, D. Minnesota · 1953

3Cited by5 opinions

  1. In Re McKillipsUnited States Bankruptcy Court, N.D. Illinois · 1987
  2. Shelley v. Kendall (In Re Shelley)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1995
  3. In Re ShepherdUnited States Bankruptcy Court, N.D. Ohio · 1987
  4. In Re SeabloomUnited States Bankruptcy Court, C.D. Illinois · 1987
  5. Shelley v. Kendall (In Re Shelley)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1995

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