(Bankr. W.D. Ky. Dec. 22, 2016)
The bankruptcy court overrules the creditor’s objection and confirms the Chapter 12 plan. The creditor argued that the debtor was not a “family farmer,” and thus did not qualify for Chapter 12. The court finds that the debtor had sufficient income from the farming operation to satisfy the Code’s definition, which definition the court construes broadly. Further, the court finds the debtor’s debt level does not exceed the debt limitation for Chapter 12. The court looks only to the debtor’s schedules, rather than adding the scheduled debt to the debt reflected in the filed claims. Opinion below.
Attorney for Debtor: Sandra D. Freeburger
Attorneys for Creditor: Stites & Harbison PLLC, Brian H. Meldrum, Brian R. Pollock