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IN RE EASTON

No. C 87-4208.

104 B.R. 111 (1988)

In re George Roger EASTON and Elsie M. Easton, Debtors. OTOE COUNTY NATIONAL BANK, Appellant, v. George Roger EASTON and Elsie M. Easton, Appellees.

United States District Court, N.D. Iowa, W.D.

June 22, 1988.

Attorney(s) appearing for the Case

Karen M. McCarthy, Sioux City, Iowa, for appellant.

John E. Harmelink, Yankton, S.D., for appellees.

ORDER

DONALD E. O'BRIEN, Chief Judge.

This appeal raises the question of whether debtors who have substantially retired from active farming, but continue to reside upon the farm itself and "cash rent" at least part of their farm to their grandson, should qualify as "family farmers" for purposes of Chapter 12 of the Bankruptcy Code. The bankruptcy court found that they qualified, 79 B.R. 836 (Bkrtcy.N.D. Iowa 1987) and the...

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