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IN RE MILLER

Bankruptcy No. L-90-00694D.

122 B.R. 360 (1990)

In re Roger E. MILLER and Donna M. Miller, Debtors.

United States Bankruptcy Court, N.D. Iowa.

December 12, 1990.

Attorney(s) appearing for the Case

Joseph A. Peiffer, Cedar Rapids, Iowa, for debtor.

Jeffrey Swartz, Waukon, Iowa, for John Hancock Mut. Life Ins. Co.

Martin McLaughlin, Asst. U.S. Atty., Cedar Rapids, Iowa, for the U.S.

Carol F. Dunbar, Waterloo, Iowa, trustee.

MICHAEL J. MELLOY, Chief Judge.

Ruling Re: Motion to Dismiss

The matter before the Court is a motion to dismiss filed by John Hancock Mutual Life Insurance Company ("John Hancock"). John Hancock alleges two grounds in support of its motion to dismiss. First, John Hancock argues that the Debtors do not qualify as family farmers for purposes of Chapter 12 relief. Secondly, it is alleged that the Debtors have filed their Chapter 12 petition in bad faith...

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