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In re William Clarence Utne

Bankr. No.: 
91-10189
Chapter: 
12
Date of Decision: 
October 5, 1992
Issue: 
Whether debtor filed Chapter 12 petition and plan in bad faith?
Ruling: 
Court held Chapter 12 petition and plan were filed in bad faith where (1) the debtor's previously confirmed, substantially consummated Chapter 11 plan provided for the treatment of the claim for FmHA, including an 1111(b) election, but where Chapter 12 plan did not duplicate Chapter 11 treatment; (2) the debtor made no voluntary Chapter 11 payments to FmHA or unsecured creditors; (3) where the debtor failed to file complete and accurate schedules and statements' and (4) the debtor failed to show sufficient change in circumstances such as would justify a second reorganization.
Full Bankruptcy Court Decision: 
Appeal Summary: 
District court affirmed decision of Bankruptcy Court. District Court Opinion no longer available.