In re Ridge View Farm, LLC, No. 12-31700 (Bankr. N.D.N.Y. Dec. 10, 2012)

(court held debtor’s third bankruptcy filing (two under Chapter 12 and one under Chapter 11) was made in bad-faith and to frustrate secured creditors from foreclosing on over-leveraged farm; owner also filed individual Chapter 12 bankruptcy which delayed foreclosure action approved in second Chapter 12 bankruptcy; court held confirmation of reorganization plan in third filing likely futile; debtor failed to present evidence of change of circumstances suggesting debtor could reorganize and successfully emerge from bankruptcy; court dismissed Chapter 11 case and vacated automatic stay on farmland and granted in rem relief to creditors to conduct foreclosure sale; court further held that farm would not be included in any voluntary or involuntary future bankruptcy estates).