Equitable Life Assurance Society of the United States v. Tim Wargo & Sons, Inc. (In Re Tim Wargo & Sons, Inc.)
United States Bankruptcy Court, E.D. Arkansas
1Opinion of the Court
MEMORANDUM OPINION
JAMES G. MIXON, Bankruptcy Judge.
On December 22, 1986, Tim Wargo & Sons, Inc., (debtor) filed a petition for relief under the provisions of chapter 12 of the Bankruptcy Code. Equitable Life Assurance Society of the United States (Equitable Life) filed a motion to dismiss the chapter 12 case, or in the alternative, for relief from the automatic stay, claiming that the debtor was not eligible for relief under chapter 12 because, among other things, it was not a “family farmer” within the meaning of 11 U.S.C. § 101(17). The Court heard the matter March 3, 1987, and took the…
2Cases cited8 opinions
- In the Matter of Bernard Armstrong, Debtor-AppellantCourt of Appeals for the Seventh Circuit · 1987
- In the Matter of William W. Wagner, Debtor-AppellantCourt of Appeals for the Seventh Circuit · 1986
- In Re Dakota Lay'd EggsUnited States Bankruptcy Court, D. North Dakota · 1986
- In Re Blanton Smith Corp.United States Bankruptcy Court, M.D. Tennessee · 1980
- Fleming v. Southland Life InsuranceSupreme Court of Arkansas · 1978
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3Cited by6 opinions
- Matter of BurkeUnited States Bankruptcy Court, S.D. Iowa · 1987
- 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
- In Re ClarkUnited States Bankruptcy Court, D. Kansas · 2003
- In Re TeolisUnited States Bankruptcy Court, D. Rhode Island · 2009
- In Re Garako Farms, Inc.United States Bankruptcy Court, E.D. California · 1988
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