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IN RE CLOVERLEAF FARMER'S CO-OP.

Bankruptcy No. 89-40531-PKE.

114 B.R. 1010 (1990)

In re CLOVERLEAF FARMER'S CO-OPERATIVE, a/k/a Cloverleaf Colony, Debtor.

United States Bankruptcy Court, D. South Dakota.

Nunc Pro Tunc May 24, 1990.

Attorney(s) appearing for the Case

Jon Haverly, Sioux Falls, S.D., for movant U.S., acting through the Small Business Admin.

J. Bruce Blake, Sioux Falls, S.D., for respondent Debtor Cloverleaf Farmer's Co-op., d/b/a Cloverleaf Colony.

R.P. Murley, Asst. U.S. Atty., Sioux Falls, S.D., for the U.S.

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

Rick A. Yarnall, Sioux Falls, S.D., Chapter 12 Trustee.

MEMORANDUM DECISION

PEDER K. ECKER, Bankruptcy Judge.

ACTION

The Small Business Administration (SBA) filed motions to: 1) dismiss the Chapter 12 petition of Cloverleaf Farmer's Co-operative (Cloverleaf or debtor) on grounds the debtor fails to qualify as a family farmer; 2) obtain relief from the automatic stay so the SBA may offset government crop payments due the debtor; and to 3) sequester rents. Debtor resisted, and, after a hearing which included...

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