Legal Opinion
In Re Roth
United States Bankruptcy Court, D. South Dakota
Decided May 20, 1994No. 17-40536PublishedCited by 2 opinions
1Opinion of the Court
PEDER K. ECKER, Bankruptcy Judge.
The matter before the Court is a Motion to Dismiss Chapter 12 Bankruptcy filed by Yankton Attorney Douglas R. Kettering on behalf of Farm Credit Services [hereinafter “FCS”] and responded to by Yankton Attorney John Harmelink on behalf of Debtors. The motion implicates 11 U.S.C. § 1225 insofar as a Chapter 12 plan may only be confirmed if the petition is filed in good faith. FCS contends this Chapter 12 petition, which succeeds a previously filed Chapter 11 proceeding, was impermissibly filed to renegotiate or modify the previous plan of reorganization. This…
2Cases cited9 opinions
- In the Matter of John Joseph METZ, Debtor. DOWNEY SAVINGS AND LOAN ASSOCIATION, Appellant, v. John Joseph METZ, AppelleeCourt of Appeals for the Ninth Circuit · 1987
- In Re ChisumCourt of Appeals for the Ninth Circuit · 1988
- Grimes v. United States, Farmers Home Administration (In Re Grimes)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1990
- In Re MillerUnited States Bankruptcy Court, N.D. Iowa · 1990
- Schuldies v. United States (In Re Schuldies)District Court, D. South Dakota · 1990
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3Cited by2 opinions
- In Re TillotsonUnited States Bankruptcy Court, W.D. New York · 2001
- Farm Credit Services v. Roth (In Re Roth)United States Bankruptcy Court, D. South Dakota · 1994