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IN RE RALPH FABER TRUST

Bankruptcy No. 90-05173.

113 B.R. 599 (1990)

In re RALPH FABER TRUST, Don B. Eppler, Trustee, Debtor.

United States Bankruptcy Court, D. North Dakota.

April 23, 1990.

Attorney(s) appearing for the Case

Joseph A. Vogel, Mandan, N.D., for debtor.

Brad Sinclair, Fargo, N.D., for FCB of St. Paul.

Wayne Drewes, Fargo, N.D., Trustee.

MEMORANDUM AND ORDER

WILLIAM A. HILL, Bankruptcy Judge.

Before the court is a Motion by Farm Credit Bank of St. Paul (FCB) for dismissal or relief from stay. Both remedies are premised upon the argument that the Debtor, Ralph Faber Trust, is a land trust and as a consequence does not qualify for relief under Chapter 12 of the Bankruptcy Code.

Relief under Chapter 12 is available only to a family farmer with regular annual income. 11 U.S.C. §...

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