Legal Opinion

Wiersma v. O.H. Kruse Grain & Milling (In Re Wiersma)

United States Bankruptcy Appellate Panel for the Ninth Circuit

Decided February 1, 2005No. BAP No. ID-02-1523-MAPB, BAP No. ID-02-1541-MAPB, BAP No. ID-03-1215-MAPB, BAP No. ID-03-1224-MAPB, Bankruptcy No. 01-41874PublishedCited by 26 opinions

1Opinion of the Court

OPINION

MARLAR, Bankruptcy Judge.

INTRODUCTION

Idaho dairy farmers Jim and Patricia Wiersma (“Debtors”) filed a chapter 111 petition and proposed a plan to relocate their failed dairy business to Georgia. Debtors’ cows had been subjected to electrical shocks from faulty wiring and had been culled until the herd was completely liquidated. Debtors sued the electrical contractor and, upon settlement of the state court lawsuit for $2.5 million cash (“Settlement Proceeds”), Debtors proposed to use the Settlement Proceeds to purchase cows and begin anew in Georgia. They proposed to give their major…

2Cases cited30 opinions

  1. United States v. United States Gypsum Co.Supreme Court of the United States · 1948
  2. United Sav. Assn. of Tex. v. Timbers of Inwood Forest Associates, Ltd.Supreme Court of the United States · 1988
  3. City Of Los Angeles, Harbor Division, A Municipal Corporation, Petitioner-Appellant v. Santa Monica BaykeeperCourt of Appeals for the Ninth Circuit · 2001
  4. In the Matter of Pizza of Hawaii, Inc., Debtor. Pizza of Hawaii, Inc. v. Shakey's, Inc.Court of Appeals for the Ninth Circuit · 1985
  5. In Re American Mariner Industries, Inc., Debtor. Crocker National Bank v. American Mariner Industries, Inc., Debtor-AppelleeCourt of Appeals for the Ninth Circuit · 1984

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3Cited by26 opinions

  1. Wells Fargo Bank, N.A. v. Loop 76, LLC (In Re Loop 76, LLC)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2012
  2. Helms v. Certified Packaging Corp.Court of Appeals for the Seventh Circuit · 2008
  3. In Re Jim Lee Wiersma in Re Patricia Darlene Wiersma, Debtors, Jim Lee Wiersma Patricia Darlene Wiersma v. Bank of the West, F/k/a United California Bank, United States Trustee, Trustee-Appellee. In Re Jim Lee Wiersma in Re Patricia Darlene Wiersma, Debtors, Bank of the West, F/k/a United California Bank v. Jim Lee Wiersma Patricia Darlene WiersmaCourt of Appeals for the Ninth Circuit · 2007
  4. In re GeijselUnited States Bankruptcy Court, N.D. Texas · 2012
  5. NetBank, FSB v. Kipperman (In Re Commercial Money Center, Inc.)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2006

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