In re White

3 Citing cases

  1. Jenkins v. Petitioning Creditor, Ray, Friedman

    664 F.2d 184 (8th Cir. 1981)   Cited 8 times

    Where the issue is controverted, the petitioning creditor bears the burden of proving that the alleged bankrupt is not a farmer. See In re Hinrichs, 314 F.2d 384, 385 (7th Cir. 1963); In re White, 238 F. Supp. 454, 455 (D.Colo. 1965). We believe the definitional standard of § 1(17) is satisfied in this case.

  2. Matter of Beery

    680 F.2d 705 (10th Cir. 1982)   Cited 29 times
    Finding that performing as a middleman for the purchase of grain was not farming activities

    While failure of the farming enterprise does not negate the status of being a farmer, the failure over a period of years to receive any income from farming may indicate that the putative farmer is not really relying on farming as his principal source of income. In re White, 238 F. Supp. 454, 456 (D.Colo.). Likewise, a showing of positive net income in farming over several years, accompanied by a corresponding loss in other ventures, might indicate that farming was the principal source of income. Cf., Jenkins v. Petitioning Creditor — Ray E. Friedman and Co., 664 F.2d 184, 186-87 (8th Cir.).

  3. In re Caucus Distributors, Inc.

    83 B.R. 921 (Bankr. E.D. Va. 1988)   Cited 31 times
    Noting that "the alleged debtors must plead and prove the issue of whether they are eleemosynary organizations"

    Campaigner Publications, Inc. has admitted in paragraph 4 of its answer to the involuntary petition that it is a person against whom an involuntary petition may be commenced. Contrary to the government's position, some courts have held that where the issue is controverted, the petitioning creditor bears the burden of proving that he may obtain relief against the alleged debtor under § 303. Jenkins v. Petitioning Creditor — Ray E. Friedman, 664 F.2d 184, 186 (8th Cir. 1981); In re Hinrichs, 314 F.2d 384, 385 (7th Cir. 1963); In re White, 238 F. Supp. 454, 455 (D.Colo. 1965). Regardless of which view this Court supports, the government must establish that there is no genuine issue as to the alleged debtors' status on its motion for summary judgment.