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IN RE FENSKE

Bankruptcy No. 88-05958.

96 B.R. 244 (1988)

In re Harold A. FENSKE and Laurel Fenske, Debtors.

United States Bankruptcy Court, D. North Dakota.

December 29, 1988.

Attorney(s) appearing for the Case

Glenn Fenske, Fargo, N.D., Ronald Frauenshuh, Jr., Ortonville, Minn., for debtors.

Wayne Drewes, Fargo, N.D., Trustee.

Brad Sinclair, Fargo, N.D., for Farm Credit Bank of St. Paul.

Wesley Huisinga, Minneapolis, Minn., U.S. Trustee.

MEMORANDUM AND ORDER

WILLIAM A. HILL, Bankruptcy Judge.

On November 21, 1988 Farm Credit Bank of St. Paul as successor in interest to the Federal Land Bank and the Production Credit Association (Bank) filed a Motion for Dismissal of the Debtor's pending Chapter 12 case and also on that date moved for relief from stay. Dismissal is sought principally for the reasons that the Debtors fail to meet the 50% gross income test necessary to qualify as "family farmers...

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