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IN RE HETTINGER

Bankruptcy No. 88-20195-DPM, Motion Nos. B and C.

95 B.R. 110 (1989)

In re Tracy Lynn HETTINGER and Debbie Darlene Hettinger, Debtors.

United States Bankruptcy Court, E.D. Missouri, N.D.

January 11, 1989.

Attorney(s) appearing for the Case

Larry S. Phillips, Edina, Mo., for debtors.

Fredrich J. Cruse, Hannibal, Mo., Trustee.

J. William Holliday, Kahoka, Mo., for William E. Alberty.

James S. Cole, St. Louis, Mo., Asst. U.S. Trustee.

MEMORANDUM OPINION

DAVID P. McDONALD, Bankruptcy Judge.

INTRODUCTION

Fredrich J. Cruse, Trustee, and William E. Alberty, creditor, each filed a Motion To Dismiss the Debtors' Chapter 12 bankruptcy petition. The Movants assert that the Debtors are not "family farmers" as defined under 11 U.S.C. § 101(17). A hearing was held on September 20, 1988 and all post-trial briefs were filed by October 3, 1988.

JURISDICTION

This Court has...

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