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IN RE BIRCHER

Bankruptcy No. 98-05437-CJ.

241 B.R. 11 (1999)

In the matter of Danny J. BIRCHER, Connie Bircher, Debtors.

United States Bankruptcy Court, S.D. Iowa.

July 27, 1999.

Attorney(s) appearing for the Case

Dallas J. Janssen, Des Moines, IA, for debtor.

Carol F. Dunbar, Waterloo, IA, for Chapter 12 Trustee.

G. Mark Rice, Des Moines, IA, for Firstar Bank Iowa, N.A.

MEMORANDUM OF DECISION

LEE M. JACKWIG, Bankruptcy Judge.

Firstar Bank Iowa, N.A. (Bank) filed a motion to dismiss this Chapter 12 case. The Bank contends Danny J. Bircher and Connie Bircher (Debtors) are not eligible for relief under Chapter 12 because they do not meet the Bankruptcy Code's "family farmer" definition. The Debtors resist. The Chapter 12 Trustee filed a written joinder in the Bank's motion but withdrew the joinder at the conclusion of the...

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