Legal Opinion

Cooperative Supply, Inc. v. Corn-Pro Nonstock Cooperative, Inc. (In Re Corn-Pro Nonstock Cooperative, Inc.)

United States Bankruptcy Appellate Panel for the Eighth Circuit

Decided December 16, 2004No. 04-6070NE, No. 04-6071NE, No. 04-6072NEPublishedCited by 1 opinion

1Opinion of the Court

FEDERMAN, Bankruptcy Judge.

FACTUAL BACKGROUND

These appeals arise out of an involuntary bankruptcy petition which was filed by Cooperative Supply, Inc. and Darwin Franzen (Petitioning Creditors) against debtor Corn-Pro Nonstock Cooperative, Inc. (Corn-Pro). In response to the involuntary petition, on July 29, 2003, Corn-Pro filed a motion to dismiss, contending that, as a “farmer,” within the meaning of the Bankruptcy Code (the Code), 1 it is not eligible to be the subject of an involuntary bankruptcy petition. 2 Corn-Pro also requested attorney’s fees and costs in such motion. Thereafter, the…

2Cases cited12 opinions

In Re: Broadview Lumber Co., Inc.Court of Appeals for the Eighth Circuit · 1997
In Re K.P. EnterpriseUnited States Bankruptcy Court, D. Maine · 1992
In Re Dakota Lay'd EggsUnited States Bankruptcy Court, D. North Dakota · 1986
Woodard v. City of LincolnNebraska Supreme Court · 1999
In Re George Roger Easton and Elsie M. Easton, Debtors. Otoe County National Bank v. George Roger Easton and Elsie M. EastonCourt of Appeals for the Eighth Circuit · 1989

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3Cited by1 opinion

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