In re Fuelling

601 B.R. 665
CourtUnited States Bankruptcy Court, N.D. Iowa
DecidedMay 1, 2019
DocketBankruptcy No. 18-00644
StatusPublished
Cited by5 cases

This text of 601 B.R. 665 (In re Fuelling) is published on Counsel Stack Legal Research, covering United States Bankruptcy Court, N.D. Iowa primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
In re Fuelling, 601 B.R. 665 (Iowa 2019).

Opinion

THAD J. COLLINS, CHIEF BANKRUPTCY JUDGE

This matter came before the Court for hearing on January 9, 2019. Ronald Martin and Aaron Blair of Day Rettig Martin, P.C. appeared for Debtors Jim and Julie Fuelling ("Debtors"). Peter Chalik of Whitfield & Eddy, P.L.C. appeared for Agrifund, LLC ("ARM"). Wesley Huisinga of Shuttleworth & Ingersoll, P.L.C. appeared for Freedom Bank. Carol Dunbar appeared for herself as Chapter 12 Trustee. The parties requested time to file post-hearing briefs. This is a core proceeding under 28 U.S.C. § 157(b)(2)(G), (L), and (M).

STATEMENT OF THE CASE

Debtors propose a Chapter 12 Plan under which they would use the remaining 2017 crop sale proceeds covered by ARM's lien to start a cattle feeding operation. Debtors propose to use proceeds from the cattle operation and rental payments from their bins and related equipment to make plan payments. Creditors Freedom Bank and ARM object to Debtors' Plan, arguing that it impermissibly treats secured property under 11 U.S.C. § 1225(a)(5), is not feasible, and was not proposed in good faith. The Court finds the Plan is not confirmable. It does not comply with § 1225(a)(5) and is not feasible. Debtors' Motion to Use Cash Collateral is denied. ARM's Motion for Relief from Stay is granted because the secured crop proceeds are not necessary to an effective reorganization.

STATEMENT OF THE FACTS

Debtors are small family farmers who live in Clayton County, Iowa. They have farmed in some capacity their entire married life. They have at various times milked dairy cows, raised row crops, and fed livestock. Debtors currently live on four and a half acres of land which includes their homestead, a machine shed, a *670bin site, and a small feedlot with an outbuilding.

Debtors' primary lender, Freedom Bank, holds a first priority lien in all of Debtors' assets except for their Ford F150 pickup and the remaining cash proceeds from the 2017 crop sale. Several years ago, Debtors began to face losses in their farming operation. Freedom Bank declined to extend additional financing and encouraged Debtors to liquidate assets. Debtors sold some assets but sought to continue the farming operation. To fund inputs for the 2017 crop year, Debtors turned to ARM. ARM obtained a subordination agreement from Freedom Bank, giving ARM a $151,000 first priority lien in the 2017 crop sale proceeds.

Proceeds from the 2017 crop year were not sufficient to repay ARM in full or continue making payments to Freedom Bank. Debtors were unable to obtain financing for the 2018 crop year. They filed this Chapter 12 bankruptcy in May of 2018. Debtors sold all of the 2017 crops and various equipment. They used the proceeds to pay their secured creditors. ARM's remaining claim is $107,506.45, $66,625.37 of which is secured by the remaining 2017 crop sale proceeds still held by Debtors. The parties have stipulated that Freedom Bank's secured claim is $214,093.86 for purposes of plan confirmation.

ARM filed a Motion for Relief from Stay in August 2018. It seeks permission to collect the remaining 2017 crop sale proceeds held by Debtors. In September 2018, Debtors filed a Motion to Use Cash Collateral. Debtors seek permission to use the crop sale proceeds to start a cattle feeding operation and, in exchange, grant ARM a lien in the cattle and feed. Hearing on the motions was originally scheduled for October 17, 2018. On the day of hearing, the parties met with the Court and agreed to continue the matters. The parties agreed to give Debtors until November 21 to file a Chapter 12 Plan and to take up the pending motions at the Plan confirmation hearing.

Debtors filed a Plan in which they propose to use the remaining crop sale proceeds to purchase cattle and feed, giving ARM a replacement lien. Debtors propose to use profits from the cattle operation, as well as rental payments from the grain bins on their property, to make interest payments to ARM and Freedom Bank for five years. Under the Plan, the entire principle of the loans would come due as a balloon payment at the end of the plan period. ARM, Freedom Bank, the Chapter 12 Trustee, and the Iowa Department of Revenue objected to confirmation. Debtors eventually resolved the objections of the Chapter 12 Trustee and the Iowa Department of Revenue.

The Court held a confirmation hearing on January 9, 2019. Marty McLaughlin with the U.S. Attorney's office appeared briefly and stated that, due to the government shutdown happening at the time, he was not authorized to appear. He noted that the Internal Revenue Service and the U.S. Department of Agriculture might want to file objections to the Plan at a later date. The Court stated that it would proceed with the hearing but consider any additional objections at the time they were made. No additional objections have been made.

DISCUSSION

1. Confirmation of Debtors' Chapter 12 Plan

Debtors must establish the six required elements under 11 U.S.C. § 1225 for the Court to confirm the Plan. In re Michels, 301 B.R. 9, 13 (Bankr. N.D. Iowa, 2003) (citing *671In re Szudera, 269 B.R. 837, 842 (Bankr. D.N.D. 2001) ). Freedom Bank and ARM argue that Debtors have failed to satisfy three of these elements: (1) treatment of collateral under § 1225(a)(5), (2) feasibility under § 1225(a)(6), and (3) good faith under § 1225(a)(3). The Court addresses those objections in that order.

a. Treatment of Secured Claim- § 1225(a)(5)

A plan can satisfy confirmation standards for a secured claim in one of three ways under § 1225(a)(5). That section provides that:

with respect to each allowed secured claim provided for by the plan-
(A) the holder of such claim has accepted the plan;
(B)(i) the plan provides that the holder of such claim retain the lien securing such claim; and
(ii) the value, as of the effective date of the plan, of property to be distributed by the trustee or the debtor under the plan on account of such claim is not less than the allowed amount of such claim; or
(C) the debtor surrenders the property securing such claim to such holder

11 U.S.C. § 1225(a)(5).

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Bluebook (online)
601 B.R. 665, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-fuelling-ianb-2019.