Jenkins v. Ray E. Friedman & Co.

McMILLIAN, Circuit Judge.

Appellant Ray E. Friedman & Co. (Friedman) seeks reversal of the district court’s 1 order dismissing its involuntary petition in bankruptcy. Friedman contends the district court erred in concluding that the alleged bankrupt, Brent Thomas Jenkins, was a “farmer” within the meaning of § 4(b) of the Bankruptcy Act of 1898,2 and therefore exempt from an adjudication of involuntary bankruptcy. We affirm.

Friedman, a Chicago-based brokerage firm, commenced this involuntary bankruptcy proceeding on June 28,1978, alleging that Jenkins had fraudulently and preferentially…