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Legal Opinion

In Re Gerth

United States Bankruptcy Court, D. South Dakota

Decided August 2, 1989No. 15-40600PublishedCited by 3 opinions

1Opinion of the Court

IRVIN N. HOYT, Chief Judge.

The Court has before it the Agricultural Stabilization and Conservation Service’s (ASCS) motion to dismiss the Chapter 12 petition filed by Willis R. Gerth. Farm Credit Bank of Omaha (FCBO) joined in ASCS’ motion. Gerth had earlier filed a Chapter 11 case, which has been confirmed and substantially consummated, but for which a final decree has not yet been entered. ASCS and FCBO claim that the open Chapter 11 case precludes Gerth’s filing of a subsequent Chapter 12 petition.

Gerth filed a Chapter 11 petition in April of 1985. After an extension, Gerth filed his…

2Cases cited9 opinions

  1. Freshman v. AtkinsSupreme Court of the United States · 1925
  2. In Re SmithUnited States Bankruptcy Court, W.D. Oklahoma · 1988
  3. In Re Carol Jean BAKER, DebtorCourt of Appeals for the Eighth Circuit · 1984
  4. In Re FulksUnited States Bankruptcy Court, M.D. Florida · 1988
  5. Appleton v. Belmore (In Re Belmore)United States Bankruptcy Court, M.D. Pennsylvania · 1987

4 more not listed; retrieve them via the Exa API.

3Cited by3 opinions

  1. In Re MillerUnited States Bankruptcy Court, N.D. Iowa · 1990
  2. In Re GerthUnited States Bankruptcy Court, D. South Dakota · 1991
  3. In Re RothUnited States Bankruptcy Court, D. South Dakota · 1994

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