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IN RE ROSS

No. 01-41504.

270 B.R. 710 (2001)

In re Ty & Sherri ROSS, Debtors. Integra Bank, N.A., Movant, v. Ty & Sherri Ross, Respondents.

United States Bankruptcy Court, S.D. Illinois.

December 7, 2001.

Attorney(s) appearing for the Case

Rhonda S. Miller, Sturm, Smith & Parmenter, Vincennes, IN, for or Movant.

Terry Sharp, P.C., Mt. Vernon, IL, for Debtors/Respondents.

OPINION

KENNETH J. MEYERS, Bankruptcy Judge.

Creditor, Integra Bank ("Bank"), filed a motion to dismiss the debtors' Chapter 12 case, arguing that the debtors fail to qualify as "family farmers" eligible for Chapter 12 relief. See 11 U.S.C. § 101(18). Specifically, the Bank asserts that income the debtors received from the sale of land in the year prior to filing constitutes non-farm income which, when added to other non-farm income of...

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