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Legal Opinion

In Re Fenske

United States Bankruptcy Court, D. North Dakota

Decided December 29, 1988No. 19-30026PublishedCited by 19 opinions

1Opinion of the Court

MEMORANDUM AND ORDER

WILLIAM A. HILL, Bankruptcy Judge.

On November 21,1988 Farm Credit Bank of St. Paul as successor in interest to the Federal Land Bank and the Production Credit Association (Bank) filed a Motion for Dismissal of the Debtor’s pending Chapter 12 case and also on that date moved for relief from stay. Dismissal is sought principally for the reasons that the Debtors fail to meet the 50% gross income test necessary to qualify as “family farmers” and that under any financial scenario they lack the ability to reorganize under Chapter 12. Relief from stay is premised upon Section…

2Cases cited13 opinions

  1. United Sav. Assn. of Tex. v. Timbers of Inwood Forest Associates, Ltd.Supreme Court of the United States · 1988
  2. United States v. Neal Pharmacal CompanyCourt of Appeals for the Eighth Circuit · 1986
  3. In the Matter of Bernard Armstrong, Debtor-AppellantCourt of Appeals for the Seventh Circuit · 1987
  4. In Re Camino Real Landscape Maintenance Contractors, Inc., Debtor. United States of America v. Camino Real Landscape Maintenance Contractors, Inc., in Re Hadrian Construction, Inc., Debtor. United States of America v. Hadrian Construction, Inc., in Re Armour Oil Company, Debtor. United States of America v. Armour Oil CompanyCourt of Appeals for the Ninth Circuit · 1987
  5. In Re KonzakUnited States Bankruptcy Court, D. North Dakota · 1987

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

3Cited by19 opinions

  1. In Re FoertschUnited States Bankruptcy Court, D. North Dakota · 1994
  2. Carteret Savings Bank, F.A. v. Nastasi-White, Inc. (In Re East-West Associates)District Court, S.D. New York · 1989
  3. In Re ShannonDistrict Court, S.D. Ohio · 1989
  4. Bowman v. Bond (In Re Bowman)United States Bankruptcy Appellate Panel for the Eighth Circuit · 2000
  5. In Re HowardUnited States Bankruptcy Court, E.D. Tennessee · 1997

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

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