Joyce E. and Jerome G. Beery - Page 3

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               On January 16, 1976, petitioner filed a chapter 11 petition            
          in the U.S. Bankruptcy Court for the District of Kansas                     
          (Bankruptcy Court) to obtain protection from his creditors and to           
          reorganize his business and personal debts, including debts                 
          relating to his farm, his grain distributorship, and his                    
          commodity investments.                                                      
               On April 20, 1976, in the above proceeding and over                    
          petitioner's objection, the Bankruptcy Court converted                      
          petitioner's chapter 11 proceeding into a chapter 7 proceeding,             
          adjudicating petitioner a bankrupt and subjecting petitioner's              
          assets to liquidation.  Petitioner appealed that decision to the            
          U.S. District Court for the District of Kansas (District Court),            
          in which appeal petitioner claimed that he qualified for "farmer"           
          status under 11 U.S.C. secs. 1(17) and 22(b) (1970), which                  
          provisions exempt farmers from chapter 7 bankruptcy proceedings.            
          In order to qualify for "farmer" status, under the above                    
          provisions as applicable to bankruptcy petitions filed in 1976,             
          an individual must have been personally engaged in farming as his           
          or her principal source of income.  11 U.S.C. sec. 1(17).1                  
               On October 5, 1977, after an evidentiary hearing, the                  
          District Court, by written order, concluded that petitioner did             
          not qualify for "farmer" status under 11 U.S.C. sec. 1(17) on the           

          1    Petitioner’s bankruptcy proceedings were governed by the               
          Bankruptcy Act of 1898, ch. 541, 30 Stat. 544, as amended.  The             
          Bankruptcy Act of 1978 did not become effective until Oct. 1,               
          1979.  Pub. L. 95-598, sec. 402(a), 92 Stat. 2549, 2682.                    




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