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IN RE COX

Bankruptcy No. BK 88-40670.

93 B.R. 625 (1988)

In re Kenneth D. COX and Carolyn Sue Cox, Debtor(s). FARM CREDIT BANK OF ST. LOUIS, Plaintiff(s), v. Kenneth D. COX and Carolyn Sue Cox, Defendant(s).

United States Bankruptcy Court, S.D. Illinois.

December 9, 1988.

Attorney(s) appearing for the Case

Richard Alan Cooper, Law Office of Terry Sharp, Mt. Vernon, Ill., for plaintiff.

Douglas Antonik, Mt. Vernon, Ill., for debtors.

ORDER

KENNETH J. MEYERS, Bankruptcy Judge.

This matter is before the Court on a Motion to Dismiss filed by the Farm Credit Bank of St. Louis ("FCB"). The issue to be decided is whether at least 50% of debtors' 1987 gross income came from their farming operation so as to qualify them as "family farmers" for purposes of Chapter 12 of the Bankruptcy Code.

Only family farmers with regular income are eligible for Chapter 12 relief. 11 U.S.C. § 109...

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