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Smith v. U.S.A., Farmers Home Administration (In re Wilbur John Smith and Betty Jean Smith)

Bankr. No.: 
87-30162
Adv. No.: 
94-3010
Chapter: 
12
Date of Decision: 
December 22, 1995
Issue: 
Whether the Court's decision regarding the effect of an § 1111(b) election in a related case should be amended?
Ruling: 
The Court did not amend its decision, but did clarify for counsel that it did not rule that § 1111(b) applied in this Chapter 12 case. Instead, the Court had ruled Debtors had obligated themselves in the related Chapter 11 case and those obligations affected their Chapter 12 real property.
Full Bankruptcy Court Decision: 
Appeal Summary: 
The district court reversed and remanded the bankruptcy court’s decision for further proceedings.
Full Bankruptcy Appellate Panel/District Court Appeal Opinion: