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IN RE TIM WARGO & SONS, INC.

Bankruptcy No. PB 86-474M, CMS No. 87-39M.

74 B.R. 469 (1987)

In re TIM WARGO & SONS, INC., Debtor. EQUITABLE LIFE ASSURANCE SOCIETY OF the UNITED STATES, Plaintiff, v. TIM WARGO & SONS, INC., Defendant.

United States Bankruptcy Court, E.D. Arkansas, Pine Bluff Division.

June 5, 1987.

Attorney(s) appearing for the Case

Richard P. Alexander, Fayetteville, Ark., for debtor.

Billy J. Hubbell, Crossett, Ark., for Equitable Life.

A.L. Tenney, Little Rock, Ark., trustee.

MEMORANDUM OPINION

JAMES G. MIXON, Bankruptcy Judge.

On December 22, 1986, Tim Wargo & Sons, Inc., (debtor) filed a petition for relief under the provisions of chapter 12 of the Bankruptcy Code. Equitable Life Assurance Society of the United States (Equitable Life) filed a motion to dismiss the chapter 12 case, or in the alternative, for relief from the automatic stay, claiming that the debtor was not eligible for relief under chapter 12 because, among...

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