United States Department of Agriculture v. Fisher (In re Fisher)

930 F.2d 1361
CourtCourt of Appeals for the Eighth Circuit
DecidedApril 22, 1991
DocketNo. 89-5407
StatusPublished
Cited by2 cases

This text of 930 F.2d 1361 (United States Department of Agriculture v. Fisher (In re Fisher)) is published on Counsel Stack Legal Research, covering Court of Appeals for the Eighth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
United States Department of Agriculture v. Fisher (In re Fisher), 930 F.2d 1361 (8th Cir. 1991).

Opinion

McMILLIAN, Circuit Judge.

The Farmers Home Administration (FMHA) appeals a final judgment entered in the United States District Court for the District of North Dakota confirming the Chapter 12 reorganization plan proposed by Kenneth and Lanae Fisher (debtors) applying a discount rate, based on the weighted averages of the below-market contract interest rates on the three FMHA loans involved. FMHA maintains that, under the plain language of 11 U.S.C.A. § 1225(a)(5)(B) (West 1986), a discount rate based upon a “market rate” formula should have been applied to determine the present value of the FMHA’s allowed secured claim. We agree and accordingly reverse the judgment of the district court.

The underlying facts are not disputed. In their Chapter 12 plan, debtors proposed to repay the FMHA its allowed secured claim under 11 U.S.C. § 1225(a)(5)(B) using a discount rate based on the contract rate of interest on the three FMHA loans involved. Despite the FMHA’s objection that the contract rate of interest failed to provide the FMHA with the present value of its allowed secured claim as required by 11 U.S.C. § 1225(a)(5)(B), the bankruptcy court confirmed the plan. In re Fisher, No. 88-05611 (Bankr.D.N.D. Jan. 25, 1989). On appeal, the district court affirmed the bankruptcy court’s decision, relying on In re Doud, 74 B.R. 865 (S.D.Iowa 1987), aff'd on other grounds sub nom., United States v. Doud, 869 F.2d 1144 (8th Cir.1989). In re Fisher, No. Al-89-053 (D.N.D. June 6, 1989).

[1362]*1362Chapter 12 of the Bankruptcy Code was specifically designed to assist farm families needing financial rehabilitation. Although farm families in the past could proceed under Chapter 11 or 13, the legislative history points out that the farm family sometimes had too much debt to qualify as debtors under Chapter 13, and many farm families found Chapter 11 too complicated and unworkable. Therefore, Chapter 12 was created to “give farm families facing bankruptcy a fighting chance to reorganize their debts and to keep their land.” H.R. Rep. No. 958, 99th Cong., 2d Sess., 48-49 (1986), reprinted in 1986 U.S.Code Cong. & Admin.News 5249-5250. Congress explained that Chapter 12 “offers farm families the important protection from creditors that bankruptcy provides while at the same time preventing abuse of the system and insuring that farm lenders receive a fair repayment.” Id.

Congress enacted 11 U.S.C. § 1225(a)(5)(B) to insure that creditors, such as FMHA, do “receive a fair repayment.” Section 1225(a)(5)(B) states that a Chapter 12 reorganization plan can only be confirmed if the plan provides the holder of each secured claim (the secured creditor) with “the value, as of the effective date of the plan, of property to be distributed ... not less than the allowed amount of such claim.” 11 U.S.C. § 1225(a)(5)(B)(ii). This section is referred to as the “cramdown provisions” because a secured creditor, such as FMHA, is forced to accept the reorganization plan if the reorganization plan provides for payment of the present “value, as of the effective date of the plan, of the collateral securing the claim.” When collateral is worth less than the total amount claimed by the creditor, the “cram-down provision” allows the farm debtor to forego repayment of the unsecured portion of the loan. The pre-petition loan at issue here was a limited resource operating loan. Limited resource operating loans are loans that FMHA makes at below-market interest rate to assist beginning farmers, under-capitalized farmers, and farmers who are unable to obtain conventional loans. To qualify for such loans, farmers must own or operate a small or family farm, meet low income requirements, and must be unable to obtain conventional credits. Also, applicants must have underdeveloped managerial skills, limited education, and must show that a reasonable standard of living could not be obtained without the below market limited resource loan rate. 7 C.F.R. §§ 1941.4(h), 1943.4(h).

The debtors herein are farmers who filed a joint voluntary petition for bankruptcy under Chapter 12 of the Bankruptcy Code on July 26, 1988. On September 9, 1988, FMHA filed a proof of claim against debtors in the sum of $281,556.22. Because the debtors had insufficient collateral to recover FMHA’s claims, which were secured by cattle and machinery, the claims were written down, pursuant to the “cramdown” provisions of § 1225(a)(5)(B)(ii). Thus, FMHA was left with a total allowed secured claim of $65,774 based on three FMHA limited resource operating loans.

On January 5,1989, the debtors proposed a plan to repay the three FMHA limited resource operating loans that FMHA had made at below market interest rates of 7.25%, 4.5%, 4.5%, respectively over a 12-year period at a new interest rate of 5.41%. The 5.41% new interest rate constitutes the weighted average of interest rates on three prior FMHA limited operating resource loans.

FMHA objected to the proposed 5.41% discount interest rate that the debtors’ reorganization plan provided because it failed to satisfy the requirements of 11 U.S.C. § 1225(a)(5)(B) and to provide for the payment of the present “value,” as of the effective date of the plan, of FMHA’s allowed secured claim. At the confirmation hearing, FMHA argued that the appropriate standard for determining the discount rate was the “market rate” approach. FMHA presented evidence at the November 28,1988, bankruptcy court hearing that the current market discount rate for FMHA loans was 9.50%.

On January 25, 1989, the bankruptcy court over the objections of FMHA approved debtors’ plans which called for repayment of FMHA’s allowed claims at the below market contract rate of interest. [1363]*1363The theory or the basis of the bankruptcy court and the district court was that the discount rate should be based on the contract rate for below market FMHA limited resource operating loans instead of the standard market rate in order to advance FMHA’s lending program policy of assisting disadvantaged farmers. The plain language of § 1225(a)(5)(B) states that “with respect to each allowed secured claim” the confirmation of a reorganization plan can only occur if the plan provides that the “value, as of the effective date of the plan of the property to be distributed by the trustee or the debtor under the plan on account of such claim is not less than the amount of such claim.” 11 U.S.C. § 1225(a)(5)(B)(ii) (emphasis added). Simply put, § 1225(a)(5)(B) states that a reorganization plan can only be confirmed if the secured creditor receives as of the effective date of the plan the value of the allowed claim to the extent the claim is secured by collateral.

The explicit terms of § 1225(a)(5)(B) require that secured creditors are to be treated equally. The “cramdown provision” itself makes no exceptions.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

In Re Lockard
234 B.R. 484 (W.D. Missouri, 1999)
In Re Fisher
930 F.2d 1361 (Eighth Circuit, 1991)

Cite This Page — Counsel Stack

Bluebook (online)
930 F.2d 1361, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-department-of-agriculture-v-fisher-in-re-fisher-ca8-1991.