Legal Opinion
In re Clark
United States Bankruptcy Court, N.D. Indiana
Decided April 13, 2016No. CASE NO. 15-40434PublishedCited by 3 opinions
1Opinion of the Court
DECISION AND ORDER ON MOTION FOR SUMMARY JUDGMENT
Robert E. Grant, Chief Judge, United States Bankruptcy Court
This is the debtor’s third chapter 12 in the last few years.1 The others were dismissed for various reasons. Co-Alliance, LLP, one of the debtor’s creditors, wants that same fate to befall this one. It contends the debtor is not a family farmer because his “aggregate debts” exceed $4,031,575 and so he is not eligible for relief under chapter-12;- See, 11 U.S.C. § 101(18) (defining “family farmer” as “an individual,... engaged in a farming operation whose aggregate debts do not exceed…
2Cases cited20 opinions
- Celotex Corp. v. Catrett, Administratrix of the Estate of CatrettSupreme Court of the United States · 1986
- Matsushita Electric Industrial Co., Ltd. v. Zenith Radio CorporationSupreme Court of the United States · 1986
- Sandra L. Waldridge v. American Hoechst Corp.Court of Appeals for the Seventh Circuit · 1994
- Contemporary Mission, Inc. v. United States Postal Service, Angelo J. Gaetano, Richard P. Evans, John Does I, Ii, and IIICourt of Appeals for the Second Circuit · 1981
- Kulak v. City of New YorkCourt of Appeals for the Second Circuit · 1996
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3Cited by3 opinions
- In re PerkinsUnited States Bankruptcy Court, W.D. Kentucky · 2016
- In re: Tony PerkinsBankruptcy Appellate Panel of the Sixth Circuit · 2018
- In re: Tony PerkinsBankruptcy Appellate Panel of the Sixth Circuit · 2018