IN RE FRUSHER

No. 89-1014-C.

124 B.R. 331 (1991)

In re William J. FRUSHER, Debtor/Appellant.

United States District Court, D. Kansas.

February 25, 1991.


Attorney(s) appearing for the Case

William E. Metcalf, Topeka, Kan., for debtor/appellant.

Eric D. Bruce, Wichita, Kan., for Bazine State Bank.

Alice Leslie Rawlings, McDonald Tinker Skaer Quinn & Herrington, Wichita, Kan., for Federal Land Bank of Wichita.


MEMORANDUM AND ORDER

CROW, District Judge.

This matter comes before the court on appeal from the bankruptcy court's order of relief adjudging William J. Frusher (debtor/appellant) involuntarily bankrupt. On appeal, Frusher raises two issues: (1) Whether a debtor's farmer/nonfarmer status under 11 U.S.C. § 303(a) is jurisdictional or an affirmative defense which must be raised by the debtor? and (2) Whether the bankruptcy court abused its discretion...

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