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IN RE WHITE

No. 93-2299.

25 F.3d 931 (1994)

In re Raymond WHITE, Barbara White, Debtors. John D. PHILLIPS, in his capacity as Successor Trustee for the Bankruptcy Estate of Raymond White and Barbara White, d/b/a White Farms, Plaintiff-Appellee. v. Raymond WHITE, Barbara White, doing business as White Farms, Defendants-Appellants.

United States Court of Appeals, Tenth Circuit.

May 26, 1994.

Attorney(s) appearing for the Case

Submitted on the Briefs:*

Robert G. Kavanagh of Threet & King, Alburquerque, NM, for plaintiffs-appellants.

John D. Phillips, Dana L. Cox of Montgomery & Andrews, P.A., Albuquerque, NM, for defendant-appellee.

Before TACHA, BRORBY and EBEL, Circuit Judges.

BRORBY, Circuit Judge.

In this case, we are called upon to decide what property is included in the bankruptcy estate upon the conversion from Chapter 12 to Chapter 7. This requires an interpretation of sections 348, 541, and 1207 of the Bankruptcy Code. We hold the proceeds earned from crops before the conversion but during the pendency of bankruptcy are part of the bankruptcy estate.

Barbara and Raymond White (the "Debtors") are farmers who filed for relief...

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