Legal Opinion

In Re Bircher

United States Bankruptcy Court, S.D. Iowa

Decided July 27, 1999No. 00-04444PublishedCited by 1 opinion

1Opinion of the Court

MEMORANDUM OF DECISION

LEE M. JACKWIG, Bankruptcy Judge.

Firstar Bank Iowa, N.A. (Bank) filed a motion to dismiss this Chapter 12 case. The Bank contends Danny J. Bircher and Connie Bircher (Debtors) are not eligible for relief under Chapter 12 because they do not meet the Bankruptcy Code’s “family farmer” definition. The Debtors resist. The Chapter 12 Trustee filed a written joinder in the Bank’s motion but withdrew the joinder at the conclusion of the March 2, 1999 evidentiary hearing on the motion. Both the Bank and the Debtors filed post hearing briefs.

The Court has jurisdiction of this…

2Cases cited9 opinions

  1. In Re RottUnited States Bankruptcy Court, D. North Dakota · 1987
  2. In Re George Roger Easton and Elsie M. Easton, Debtors. Otoe County National Bank v. George Roger Easton and Elsie M. EastonCourt of Appeals for the Eighth Circuit · 1989
  3. Matter of BurkeUnited States Bankruptcy Court, S.D. Iowa · 1987
  4. In Re Tim Wargo & Sons, Inc., Debtor. Tim Wargo & Sons, Inc. v. Equitable Life Assurance Society of the United StatesCourt of Appeals for the Eighth Circuit · 1989
  5. In Re PrattUnited States Bankruptcy Court, D. Montana · 1987

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3Cited by1 opinion

  1. Integra Bank, N.A. v. Ross (In Re Ross)United States Bankruptcy Court, S.D. Illinois · 2001

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