In Re Chaney

87 B.R. 131, 1988 Bankr. LEXIS 798, 1988 WL 55223
CourtUnited States Bankruptcy Court, D. Montana
DecidedMay 26, 1988
Docket2:19-bk-60276
StatusPublished
Cited by3 cases

This text of 87 B.R. 131 (In Re Chaney) is published on Counsel Stack Legal Research, covering United States Bankruptcy Court, D. Montana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
In Re Chaney, 87 B.R. 131, 1988 Bankr. LEXIS 798, 1988 WL 55223 (Mont. 1988).

Opinion

ORDER

JOHN L. PETERSON, Bankruptcy Judge.

In this Chapter 12 case, hearing, after notice, was held on December 8, 10 and 18, 1987, on confirmation of the Debtors’ Plan, together with objections to the Plan filed by secured creditors Federal Land Bank of Spokane (FLB) and Interstate Production Credit Association (PCA). The issues formed by the objections involve valuation of the farm, the appropriate market rate of interest, feasibility of the Plan, and surrender of PCA stock in partial satisfaction of the debt. Secured claims total $662,528.00 and unsecured claims equal $7,293.00.

Debtors operate a farm of 1,185 acres near Manhattan, Montana, on which they produce wheat, hay, barley and livestock. The Debtors own 355 acres of deeded land, and lease the remaining 830 acres, which leases have been held for 5 to 20 years on a *132 year to year lease. The claims of the respective secured creditors are:

FLB — $420,648.25
PCA — 101,583.51
SBA — 91,300.00
New Holland — 21,361.72
Manhattan State Bank — 18,000.00

The Debtors Plan projects income for the first 3 years of the Plan at $96,150.00, $88,635.00 and $88,684.00, with expenses of $45,500.00 each year. Thus, Plan payments to secured creditors are projected at $42,534.00 for the first year and $40,100.00 thereafter, which results in a carryover reserve in the first year of $5,989.00, $1,834.00 in year 2 and $1,079.00 in year 3. At the hearing, the Debtors’ operating statements were amended to include cash on hand of $50,776.00, instead of $13,500.00 projected in the Plan, which causes a $43,-265.00 carryover in year 1 through year 3, when such sum is applied to pay unsecured claims.

The appraisals introduced by the Debtors and Farm Credit Services (FLB) vary substantially. FLB sets the value of land and improvements at $370,000.00, while the Debtors fix the value at $192,000.00. Consequently, Debtors propose to pay the FLB claim of $420,648.25 in the amount of $192,-000.00 over 25 years at 10% interest per annum. The Debtors’ appraiser used a market data or comparable sales approach to value on the land and a cost approach on improvements. He values the land at $86,-640.00 and improvements at $105,350.00, for a total value of $192,000.00. In contrast, the FLB appraiser used a market data, cost and income approach to value and then correlated the three values to arrive at a value of $370,000.00.

From the record, the FLB appraiser has more extensive qualifications as a rural appraiser, particularly in the area of accreditation, where he holds a certificate as an accredited Rural Appraiser in the American Society of Farm Managers and Rural Appraisers. The American Society awards accreditation to those members who have completed a series of graduate level courses in rural appraising and passed intensive exams in both the field and classroom. As a matter dealing with credibility, the Debtors’ appraiser valued the property on October 1, 1987, at $226,400.00, then “fine tuned” the appraisal downward to $192,000.00, both of which figures are contained in the same appraisal. Such appraiser used incorrect acreages, insufficient land classification, inadequate soils data, and insufficient description of comparable sales, which resulted in downward adjustment of land value on the subject property of 50 to 60%. In that regard, I concur with the FLB appraiser when he opined that such percentage of downward adjustment leads one to question the comparability of each sale to the subject tract.

The market data or comparable sales approach is generally recognized as the best method of arriving at the fair market value of land. In re Cool, 81 B.R. 614, 5 Mont.B.R. 183, 188 (Bankr.Mont.1987). Both appraisers relied heavily on three comparable sales, Sime Ranch to Ler-kind, Harrer to Nelson and Aughney to Brainard. In the Sime comparable, FLB pegged the irrigated cropland at $l,300.00/acre, while the Debtors failed to state the per acre value and simply made a “proper adjustment to the Debtors’ property of $440.00/acre for the irrigated cropland”. The same criticism holds true of the other comparable sales used by Debtors’ appraiser. I find the adjustments made by the FLB appraiser on the land.provide a more credible base to actual market value. However, such appraisal made downward adjustments for location, soils and water and noted that each comparable reflects a higher value per acre because such lands are more productive in terms of cropland, the subject being 45% cropland and each comparable being above 70% cropland. It is further undisputed from the Debtors’ testimony that 120 acres of river pasture are poor quality grazing land, which have little value to the farm as an economic unit. The sales adjustment made by the FLB appraisal included $418.00 in improve *133 ments, which clearly must be discounted m arriving at the value per acre of the unimproved land. This is particularly true in this case because the Debtors’ tract is substantially overimproved. Therefore, I conclude and find the following values for land, to-wit:

Sprinkler irrigated cropland — 135 acres at $900 = $121,500.00
Sub irrigated cropland — 25 acres at 750 = 18,750.00
Sub pasture — 60 acres at 250 = 15,000.00
River pasture — 120 acres at 50 = 6,000.00
$161,250.00

I differ from the FLB appraisal in value of the improvements and land on which the buildings are located. As to the latter item, the FLB appraiser used an irrigated cropland value for 15 acres of building sites, when obviously such land has no such potential use. These 15 acres should bear no greater value than the lowest value of land per acre, or $50.00 per acre, for a total of $750.00 because their use as agricultural land is rendered nil, and any real value will be derived from the sale of the improvements, not the land itself. As to the improvements, I find the cost approach basis using the Marshall-Swift Valuation Service Commercial Manual, with depreciation, gives the fair market value for the improvements. After consideration of the valuation testimony of the two appraisers, I find and conclude the improvements have the following fair market value:

Improvement Age Condition Value
1976 home 11 years Fair $43,500.00
1961 home 26 years Good 32,000.00
1910 home 60 years Fair 18,000.00
Garage 60 years Good 2,000.00
Machine shed 17 years 3,500.00
Hay shed Over 20 years 350.00
4 Grain Bins 4,900.00
Corrals & Fencing 1,100.00
$105,350.00 1

These values equate to those fixed by the Debtors’ appraiser, who has substantial experience as a real estate broker and therefore deals in sales of improved property.

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Related

In Re Shannon
100 B.R. 913 (S.D. Ohio, 1989)
In Re Henke
90 B.R. 451 (D. Montana, 1988)

Cite This Page — Counsel Stack

Bluebook (online)
87 B.R. 131, 1988 Bankr. LEXIS 798, 1988 WL 55223, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-chaney-mtb-1988.