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IN RE WIERSMA

BAP No. ID-02-1523-MAPB, BAP No. ID-02-1541-MAPB, BAP No. ID-03-1215-MAPB, BAP No. ID-03-1224-MAPB, Bankruptcy No. 01-41874.

324 B.R. 92 (2005)

In re Jim Lee WIERSMA and Patricia Darlene Wiersma, Debtors. Jim Lee Wiersma; Patricia Darlene Wiersma, Appellants and Cross-Appellees, v. O.H. Kruse Grain and Milling, nka Ferndale Grain, Appellee and Cross-Appellant, v. United California Bank, nka Bank of the West, Appellee. Jim Lee Wiersma; Patricia Darlene Wiersma, Appellants, v. United States Trustee; O.H. Kruse Grain and Milling, nka Ferndale Grain; United California Bank, nka Bank of the West, Appellees. O.H. Kruse Grain and Milling, nka Ferndale Grain, Appellant, v. Jim Lee Wiersma; Patricia Darlene Wiersma; United California Bank, nka Bank of the West; United States Trustee, Appellees.

United States Bankruptcy Appellate Panel of the Ninth Circuit.

Filed February 1, 2005.

Attorney(s) appearing for the Case

Brent T. Robinson, Ling, Nielsen & Robinson, Rupert, ID, for Jim and Patricia Wiersma.

William R. Hollifield, Hollifield & Bevan, P.A., Twin Falls, ID, for O.H. Kruse Grain and Milling nka Ferndale Grain.

Kelly Greene McConnell, Givens Pursley LLP, Boise, ID, for United California Bank nka Bank of the West.

Before: MARLAR, PERRIS and BRANDT, Bankruptcy Judges.

OPINION

MARLAR, Bankruptcy Judge.

INTRODUCTION

Idaho dairy farmers Jim and Patricia Wiersma ("Debtors") filed a chapter 111 petition and proposed a plan to relocate their failed dairy business to Georgia. Debtors' cows had been subjected to electrical shocks from faulty wiring and had been culled until the herd was completely liquidated. Debtors sued the electrical contractor and, upon settlement of the...

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