Legal Opinion

United States ex rel. Farmers Home Administration v. Erickson Partnership (In re Erickson Partnership)

Court of Appeals for the Eighth Circuit

Decided September 7, 1988No. 87-5348PublishedCited by 1 opinion

1Opinion of the Court

JOHN R. GIBSON, Circuit Judge.

The issue before us is whether a Chapter 11 bankruptcy, already pending at the time Chapter 12 became effective, can be converted to a Chapter 12 proceeding. The Bankruptcy Judges, United States Trustees and Family Farmer Bankruptcy Act of 1986, Pub.L. No. 99-554, 100 Stat. 3088, creating Chapter 12, expressly provides that such cases may not be converted. The bankruptcy court and district court allowed the conversion. Farmers Home Administration, a creditor, appeals and we must reverse.

*1069The Erickson Partnership, whose partners were individual farmers, and Ronald…

2Cases cited16 opinions

  1. Consumer Product Safety Commission v. GTE Sylvania, Inc.Supreme Court of the United States · 1980
  2. Tennessee Valley Authority v. HillSupreme Court of the United States · 1978
  3. United States v. PriceSupreme Court of the United States · 1960
  4. Burlington Northern Railroad v. Oklahoma Tax CommissionSupreme Court of the United States · 1987
  5. Board of Governors of the Federal Reserve System v. Dimension Financial Corp.Supreme Court of the United States · 1986

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3Cited by1 opinion

  1. In Re Erickson PartnershipCourt of Appeals for the Eighth Circuit · 1988

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