IN RE CLARKE

BAP No. AZ 87-1220-AsMeE, Bankruptcy No. B 85-3870 PCT RGM.

78 B.R. 1008 (1987)

In re Hugh and Elizabeth CLARKE, Debtor(s). Hugh and Elizabeth CLARKE, Appellant(s), v. VALLEY NATIONAL BANK OF ARIZONA, a national banking association, Appellee(s).

United States Bankruptcy Appellate Panels, of the Ninth Circuit.

Decided September 22, 1987.


Attorney(s) appearing for the Case

Thaddues G. Baker, Flagstaff, Ariz., for appellants.

Daniel P. Collins, Rawlins, Burrus, Lewkowitz & Feinstein, Phoenix, Ariz., for appellees.

Before ASHLAND, MEYERS and ELLIOTT, Bankruptcy Judges.


OPINION

ASHLAND, Bankruptcy Judge:

Chapter 11 debtor farmers appeal from the denial of their motion to convert to Chapter 12. We affirm.

FACTS

On December 13, 1985 cattle ranchers Hugh and Elizabeth Clarke filed a petition for relief under Chapter 11 of the Bankruptcy Code. Congress amended the Code, effective November 26, 1986, to provide relief for the family farmer. Public Law 99-554, Chapter 12 of Title 11 of the United States Code...

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