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IN RE REAK

Bankruptcy No. 88-01792.

92 B.R. 804 (1988)

In re Eugene REAK, Debtor.

United States Bankruptcy Court, E.D. Wisconsin.

September 30, 1988.

Attorney(s) appearing for the Case

Jeffrey P. White, Chicago, Ill., for debtor.

Thomas A. Schuessler, Beaver Dam, Wis., for Mary Jean Reak.

Thomas J. King, Oshkosh, Wis., trustee.

DECISION

JAMES E. SHAPIRO, Bankruptcy Judge.

Mary Jean Reak, former wife of the debtor, has filed a motion to dismiss the debtor's chapter 12 petition on the basis that the debtor is ineligible for chapter 12 relief. Mrs. Reak contends that the debtor is not a family farmer because he is unable to meet the 80% farm debt criteria set forth in 11 U.S.C. § 101(17)(A).1 She maintains that there is a debt owing to her from the...

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