In re Jones, No. 10-65478-fra12, 2011 Bankr. LEXIS 2982 (Bankr. D. Ore. Aug. 2, 2011)

(debtor operated horse boarding and training business and converted case from Ch. 11 to Ch. 12; creditors moved to dismiss because debtor not family farmer and ineligible for Ch. 12 relief; debtor argued that since conversion granted by court, creditors were precluded from challenging debtor’s family farmer status; bankruptcy court held that conversion had no preclusive effect since creditors not provided notice and opportunity to object to conversion; debtor’s business did not constitute farming operations even though located in rural area and holding traditional farm assets; debtor only provided services and income based on flat fees; not subject to inherent risks of farming).