Legal Opinion

Potmesil v. Alexandria Production Credit Ass'n

District Court, W.D. Louisiana

Decided September 18, 1984No. Civ. A. 84-0445PublishedCited by 11 opinions

1Opinion of the Court

NAUMAN S. SCOTT, District Judge.

RULING

This is an appeal from a Judgment rendered by the Bankruptcy Court for the Western District of Louisiana, granting relief under Chapter 7 of the Bankruptcy Code against Joe and Ina Potmesil. The issue is clear: Is Mr. Potmesil a “farmer” under 11 U.S.C. § 101(17) and 11 U.S.C. § 303(a)?

FACTS

For the calendar year 1982, appellants Mr. and Mrs. Joseph Potmesil derived approximately 84.9% of their taxable income from the sale of livestock, cotton, soybeans and other agricultural products taken from their farm. However, on December 22, 1982 they sold to their…

2Cases cited5 opinions

  1. Utah Junk Co. v. PorterSupreme Court of the United States · 1946
  2. In Re HinesUnited States Bankruptcy Court, D. South Dakota · 1980
  3. United States v. Joseph Bryant, John Cagnina, Terry Lee AlvarezCourt of Appeals for the Eleventh Circuit · 1982
  4. In Re JohnsonUnited States Bankruptcy Court, D. Minnesota · 1981
  5. Helvering v. Northwestern Nat. Bank & Trust Co. of MinneapolisCourt of Appeals for the Eighth Circuit · 1937

3Cited by11 opinions

  1. In Re IndrelandUnited States Bankruptcy Court, D. Montana · 1987
  2. In Re TartUnited States Bankruptcy Court, E.D. North Carolina · 1987
  3. In Re MaikeUnited States Bankruptcy Court, D. Kansas · 1987
  4. In Re NelsonUnited States Bankruptcy Court, D. Kansas · 1987
  5. In Re ShepherdUnited States Bankruptcy Court, N.D. Ohio · 1987

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