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).

CALT does not provide legal advice. Any information provided on this website is not intended to be a substitute for legal services from a competent professional. CALT's work is supported by fee-based seminars and generous private gifts. Any opinions, findings, conclusions or recommendations expressed in the material contained on this website do not necessarily reflect the views of Iowa State University.

RSS​ Facebook Twitter