The appellant in this case, Holloway, contends that the cases upon which the bankruptcy court relied cannot be applied in this case because this case involves a Chapter 12 bankruptcy and Chapter 12 is unique because it applies only to family farms. While Holloway argues that Chapter 11 and Chapter 13 cases are irrelevant to this case involving Chapter 12, reported decisions arising within the context of Chapter 12 bankruptcy plans, including a decision relied upon by Holloway, rely on cases which arose under provisions other than those in Chapter 12. See Zabel v. Schroeder Oil, Inc., 249 B.R. 764, 769 (Bankr.E.D.Wis. 2000); see also Justice v. Valley Nat'l Bank, 849 F.2d 1078, 1083 (8th Cir. 1988) ("Chapter 12 is patterned after Chapter 13, rendering Chapter 13 cases relevant to our interpretation of Chapter 12."). As these courts recognize, where the language used by Congress in different bankruptcy chapters is substantially similar, the interpretation of that language in one chapter is helpful in interpreting the same language in another chapter.
A recent decision from a Bankruptcy Court in Wisconsin held that the initiation of a contested matter was a sufficient affirmative step to result in the divestment of a second mortgage in a case under Chapter 12. See Zabel v. Schroeder Oil. Inc. (In re Zabel), 249 B.R. 764 (Bankr. E.D. Wis. 2000). In Zabel, the debtor filed a motion, pursuant to 11 U.S.C. ยง 506, seeking a determination that Schroeder Oil did not have a valid lien upon his property.
Many courts have considered whether case law interpreting a particular chapter of the Bankruptcy Code is applicable to interpretations of substantially similar sections in other chapters. See, e.g., Zabel v. Schroeder Oil, Inc. (In re Zabel), 249 B.R. 764, 766-67 (Bankr.E.D.Wis. 2000); In re Ryan, 228 B.R. 746, 747 n. 2 (Bankr.D.Or. 1999); In re Palmer, 224 B.R. 681, 684 (Bankr.S.D.Ill. 1998); In re Segura, 218 B.R. 166, 171 n. 3 (Bankr. N.D.Okla. 1998). These courts have almost universally found that such interpretations are applicable.