Legal Opinion

In Re Henke

United States Bankruptcy Court, D. Montana

Decided May 9, 1991No. 19-60203PublishedCited by 9 opinions

1Opinion of the Court

ORDER

JOHN L. PETERSON, Bankruptcy Judge.

In this Chapter 12 case, secured creditors, John Hancock Mutual Life Insurance Company (Hancock), Leonard Semenza and Farmers State Bank of Conrad (Bank) have filed Motions to Dismiss this case and the Chapter 12 Plan on grounds of lack of good faith. Hearing has been held on the Motions and the matter is ripe for decision.

This good faith issue involves serial filings by the Debtor, who operates a wheat and barley farm in Toole County, Montana. Debtor filed a Chapter 11 case in 1987, and after negotiations with the creditors, Hancock, Semenza and the…

2Cases cited5 opinions

  1. In the Matter of John Joseph METZ, Debtor. DOWNEY SAVINGS AND LOAN ASSOCIATION, Appellant, v. John Joseph METZ, AppelleeCourt of Appeals for the Ninth Circuit · 1987
  2. Grimes v. United States, Farmers Home Administration (In Re Grimes)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1990
  3. In Re HenkeUnited States Bankruptcy Court, D. Montana · 1988
  4. In Re MillerUnited States Bankruptcy Court, N.D. Iowa · 1990
  5. In Re BorgUnited States Bankruptcy Court, D. Montana · 1989

3Cited by9 opinions

  1. In The Matter Of Elmwood Development CompanyCourt of Appeals for the Fifth Circuit · 1992
  2. In Re CowanUnited States Bankruptcy Court, W.D. Missouri · 1999
  3. In Re PickeringUnited States Bankruptcy Court, D. Montana · 1996
  4. In Re AdamsUnited States Bankruptcy Court, D. Kansas · 1998
  5. In Re TillotsonUnited States Bankruptcy Court, W.D. New York · 2001

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