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MATTER OF FERN ACRES, LTD.

Bankruptcy No. BK95-40101.

180 B.R. 554 (1995)

In the Matter of FERN ACRES, LTD., Debtor.

United States Bankruptcy Court, D. Nebraska.

March 24, 1995.

Attorney(s) appearing for the Case

David W. Pederson, North Platte, NE, for Creditor Lisco State Bank.

John C. Hahn, Lincoln, NE, for Debtor Fern Acres, Ltd.

Richard K. Lydick, Chapter 12 Trustee, Omaha, NE.

MEMORANDUM

JOHN C. MINAHAN, Jr., Bankruptcy Judge.

This is the third Chapter 12 bankruptcy case filed by Fern Acres Ltd. I conclude that the filing of this case constitutes an abuse of the bankruptcy process and, I hereby sustain the Motion for Relief from Automatic Stay and Motion to Dismiss filed by Lisco State Bank.

FACTS

The debtor in this case, Fern Acres, Ltd. ("Fern Acres"), is a farming operation which obtained financing...

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