June 19, 2008
Slaughtering Hogs; Slaughtering Statutes?
There's an interesting decision, not yet posted on the judge's web page, styled In re Knudsen, 2008 WL 2413155 (N.D. Iowa 2008). It presents a question of first impression under BAPCPA, and specifically the meaning of the 2005 amendment to 11 U.S.C. § 1222(a)(2)(A). The opinion begins:
Can family farmers, who liquidated their slaughter hogs to convert their farming operation from a farrow-to-finish hog operation to a custom hog-raising operation, obtain the benefits of an amendment to 11 U.S.C. § 1222(a)(2) under the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 (“BAPCPA”), Pub.L. No. 109-8, 119 Stat. 23, that would allow the taxes generated by the sale of their slaughter hogs to be treated as an unsecured claim against their bankruptcy estate subject to discharge? This and other questions are raised on cross-appeals by the family farmers and the United States, on behalf of the Internal Revenue Service, from an order of the bankruptcy court denying confirmation of the family farmers' Chapter 12 plan for reorganization. Few-or no-courts have passed on the questions presented here, so that the court finds itself writing on a nearly clean slate, guided by statutory language, legislative history, and bankruptcy policy.
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