Legal Opinion
In Re Ralph Faber Trust
United States Bankruptcy Court, D. North Dakota
Decided April 23, 1990No. 19-30178PublishedCited by 11 opinions
1Opinion of the Court
MEMORANDUM AND ORDER
WILLIAM A. HILL, Bankruptcy Judge.
Before the court is a Motion by Farm Credit Bank of St. Paul (FCB) for dismissal or relief from stay. Both remedies are premised upon the argument that the Debt- or, Ralph Faber Trust, is a land trust and as a consequence does not qualify for relief under Chapter 12 of the Bankruptcy Code.
Relief under Chapter 12 is available only to a family farmer with regular annual income. 11 U.S.C. § 109(f). The definition of “family farmer” set forth in section 101(17) includes:
(B) Corporation or partnership in which more than fifty percent of the…
2Cases cited10 opinions
- Merrill v. Allen (In Re Universal Clearing House Co.)District Court, D. Utah · 1986
- In Re Treasure Island Land TrustUnited States Bankruptcy Court, M.D. Florida · 1980
- In Re Dakota Lay'd EggsUnited States Bankruptcy Court, D. North Dakota · 1986
- 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
- Pope & Cottle Co. v. Fairbanks Realty TrustCourt of Appeals for the First Circuit · 1941
5 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- In Re Woodsville Realty TrustUnited States Bankruptcy Court, D. New Hampshire · 1990
- In Re Cloverleaf Farmer's CooperativeUnited States Bankruptcy Court, D. South Dakota · 1990
- In Re Secured Equipment Trust Of Eastern Airlines, Inc., DebtorCourt of Appeals for the First Circuit · 1994
- Cutler v. 65 Security PlanDistrict Court, E.D. New York · 1993
- Shawmut Bank Connecticut, National Ass'n LNC Investments v. First Fidelity BankCourt of Appeals for the Second Circuit · 1994
6 more not listed; retrieve them via the Exa API.