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IN RE GERTH

Bankruptcy No. 89-10062.

116 B.R. 167 (1989)

In re Willis R. GERTH.

United States Bankruptcy Court, D. South Dakota.

August 2, 1989.

Attorney(s) appearing for the Case

David L. Nadolski, and Marsha K. Stacey, Sioux Falls, S.D., for FCBO.

Bryan R. Hedman, Brookings, S.D., for Debtor.

Kay Cee Hodson, Sioux Falls, S.D., for U.S. Trustee.

Todd D. Boyd, Clear Lake, S.D., for Creditor Douglas Gantvoort.

Thomas Lloyd, Pierre, S.D., for ASCS.

IRVIN N. HOYT, Chief Judge.

The Court has before it the Agricultural Stabilization and Conservation Service's (ASCS) motion to dismiss the Chapter 12 petition filed by Willis R. Gerth. Farm Credit Bank of Omaha (FCBO) joined in ASCS' motion. Gerth had earlier filed a Chapter 11 case, which has been confirmed and substantially consummated, but for which a final decree has not yet been entered. ASCS and FCBO claim that the open Chapter 11 case precludes Gerth's filing...

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