In Re Cloverleaf Farmer's Cooperative
United States Bankruptcy Court, D. South Dakota
1Opinion of the Court
MEMORANDUM DECISION
PEDER K. ECKER, Bankruptcy Judge.
ACTION
The Small Business Administration (SBA) filed motions to: 1) dismiss the Chapter 12 petition of Cloverleaf Farmer’s Co-operative (Cloverleaf or debtor) on grounds the debtor fails to qualify as a family farmer; 2) obtain relief from the automatic stay so the SBA may offset government crop payments due the debtor; and to 3) sequester rents. Debtor resisted, and, after a hearing which included other matters, these three motions were taken under advisement. The Court holds: 1) the debtor qualifies as a Chapter 12 family farmer pursuant to…
2Cases cited62 opinions
- Erie Railroad v. TompkinsSupreme Court of the United States · 1938
- United States v. Whiting Pools, Inc.Supreme Court of the United States · 1983
- United States v. Kimbell Foods, Inc.Supreme Court of the United States · 1979
- Hoffman v. Connecticut Department of Income MaintenanceSupreme Court of the United States · 1989
- Gardner v. CollinsSupreme Court of the United States · 1829
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3Cited by20 opinions
- Illinois v. Lakeside Community Hospital, Inc. (In Re Lakeside Community Hospital, Inc.)District Court, N.D. Illinois · 1993
- Sylvester v. Martin (In Re Martin)United States Bankruptcy Court, N.D. Illinois · 1991
- In Re HolderUnited States Bankruptcy Court, M.D. Tennessee · 1995
- Patterson v. B.F. Goodrich Employees Federal Credit Union (In Re Patterson)United States Bankruptcy Court, N.D. Alabama · 1990
- In Re Lehman Brothers Holdings Inc.United States Bankruptcy Court, S.D. New York · 2009
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