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IN RE PRATT

Bankruptcy No. 87-20198.

78 B.R. 277 (1987)

In re John Duane PRATT, Quoteal Barnes Pratt, Debtors.

United States Bankruptcy Court, D. Montana.

June 24, 1987.

Attorney(s) appearing for the Case

McKinley Anderson, Bozeman, Mont., for debtors.

Kenneth R. Neill, Great Falls, Mont., for creditor.

ORDER

JOHN L. PETERSON, Bankruptcy Judge.

The creditor Nollmeyer Farms, Inc. has contested the eligibility of the Debtors as family farmers under 11 U.S.C. § 101(17). The issue involves the application of the gross income test, which requires that an individual family farmer and his spouse receive more that 50% of their gross income from farming operations.

The facts are undisputed. The Debtors filed this Chapter 12 case on April 6, 1987. Under...

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