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IN RE ERICKSON PARTNERSHIP

No. 87-5348.

856 F.2d 1068 (1988)

In re ERICKSON PARTNERSHIP, Ronald Erickson and Lonna Erickson, Debtors. UNITED STATES of America, Through FARMERS HOME ADMINISTRATION, Appellants, v. ERICKSON PARTNERSHIP, Ronald Erickson and Lonna Erickson, Appellees.

United States Court of Appeals, Eighth Circuit.

Decided September 7, 1988.

Attorney(s) appearing for the Case

Dwight G. Rabuse, Washington, D.C., for appellants.

Jonathan K. Van Patten, Vermillion, S.D., for appellees.

Before JOHN R. GIBSON and BEAM, Circuit Judges, and DUMBAULD, Senior District Judge.

JOHN R. GIBSON, Circuit Judge.

The issue before us is whether a Chapter 11 bankruptcy, already pending at the time Chapter 12 became effective, can be converted to a Chapter 12 proceeding. The Bankruptcy Judges, United States Trustees and Family Farmer Bankruptcy Act of 1986, Pub.L. No. 99-554, 100 Stat. 3088, creating Chapter 12, expressly provides that such cases may not be converted. The bankruptcy court and district court allowed the conversion. Farmers Home Administration...

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