Watford v. Federal Land Bank of Columbia (In re Watford)

898 F.2d 1525, 22 Collier Bankr. Cas. 2d 1286, 1990 U.S. App. LEXIS 6176
CourtCourt of Appeals for the Eleventh Circuit
DecidedApril 25, 1990
DocketNos. 88-8894, 89-8029
StatusPublished
Cited by5 cases

This text of 898 F.2d 1525 (Watford v. Federal Land Bank of Columbia (In re Watford)) is published on Counsel Stack Legal Research, covering Court of Appeals for the Eleventh Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Watford v. Federal Land Bank of Columbia (In re Watford), 898 F.2d 1525, 22 Collier Bankr. Cas. 2d 1286, 1990 U.S. App. LEXIS 6176 (11th Cir. 1990).

Opinion

ANDERSON, Circuit Judge:

In 1985, Joseph W. Watford and Doris F. Watford, appellants, grew soybeans. In 1986, the Watfords ceased the cultivation of their land, stored their soybean harvest on their land, and began conducting a stone crabbing operation in the Gulf of Mexico. Appellants have allowed their land to lie fallow since 1985. However, they have plans to develop fish ponds on the property. At the initial hearings, Mr. Watford testified that these ponds would be for recreational use; but, he testified at the final bankruptcy hearing that he also would harvest the fish by draining ponds.

On July 28, 1987, the Watfords filed a petition for reorganization of their farming operation pursuant to Chapter 12 of Title 11 of the United States Code. Appellants then filed a motion requesting the use of cash collateral to finance their reorganization plan. After an evidentiary hearing, the bankruptcy court concluded that the appellants’ offer of adequate protection was insufficient under 11 U.S.C. § 1205 and, therefore, denied appellants’ motion. A notice of appeal to the United States District Court was filed on December 21, 1987.

On January 25, 1988, the Federal Land Bank of Columbia (the “Bank”), a creditor, moved to convert or dismiss the appellants’ Chapter 12 case, contending that appellants did not qualify for relief under Chapter 12 because they were not “family farmers” under the definition provided in the Bankruptcy Act. The bankruptcy court granted the Bank’s motion and dismissed appellants’ Chapter 12 petition on March 7,1988, finding that: 1) the Watfords met the income requirements of 11 U.S.C. § 101(17)(A); 2) the definition of “farming operation,” as contemplated by 11 U.S.C. § 101(20) does not include appellants’ stone crabbing business; 3) the development of ponds for recreational use could not be considered a “farming operation” under § 101(20); and 4) the storage and maintenance of soybeans awaiting sale does not constitute a “farming operation” under § 101(20).

On March 22, 1988, a hearing was held on appellants’ motion for reconsideration of the bankruptcy court’s order dismissing appellants’ Chapter 12 petition. The appellants offered testimony that they planned to begin commercial production of catfish. While noting that there are cases which recognize the raising of catfish as a valid “farming operation” for Chapter 12 purposes, the bankruptcy court ruled that the appellants’ plans for development of the fish ponds were irrelevant because appellants were not engaged in these operations at the time they filed the Chapter 12 petition. The bankruptcy court then denied appellants’ motion. Appellants filed a notice of appeal on April 4, 1988.

The district court affirmed the bankruptcy court’s dismissal of appellants’ Chapter 12 petition. The court held that the bankruptcy court’s findings that the appellants’ stone crabbing business, storage and maintenance of soybeans, and proposed recreational fishing and camping facility are not “farming operations” under 11 U.S.C. § 101(20) were not clearly erroneous. In addition, the court found that the bankruptcy court’s determination that the appellants’ catfish farming plans were irrelevant was not clearly erroneous. By separate order, the district court affirmed the bankruptcy court’s denial of appellants’ motion to use cash collateral because the issue was moot.

Appellants have filed notices of appeal from both district court orders. Those appeals have been consolidated.

In order for a bankruptcy court to have jurisdiction over a Chapter 12 petition, the debtor must be a “family farmer.” 11 U.S.C. § 109(f) (Supp.1989). “Family farmer” is defined as an

[1527]*1527individual or individual and spouse engaged in a farming operation whose aggregate debts do not exceed $1,500,000 and not less than 80 percent of whose aggregate noncontingent, liquidated debts ..., on the date the case is filed, arise out of a farming operation ..., and such individual or such individual and spouse receive from such farming operation more than 50 percent of such individual’s or such individual and spouse’s gross income for the taxable year preceding the taxable year in which the case concerning such individual or such individual and spouse was filed.

11 U.S.C. § 101(17)(A) (Supp.1989). It is undisputed that the Watfords have met the income and debt requirements of the statute. However, in order to be “family farmers,” appellants acknowledge that they must not only meet the 50% and 80% tests, but also they must be “engaged in a farming operation” when they file the Chapter 12 petition. See In re Paul, 83 B.R. 709, 712 (Bankr.D.N.D.1988); In re Haschke, 77 B.R. 223, 225 (Bankr.D.Neb.1987); In re Mikkelsen Farms, 74 B.R. 280, 284 (Bankr. D.Or.1987); In re Tart, 73 B.R. 78, 81 (Bankr.E.D.N.C.1987); 2 Collier on Bankruptcy 101-55 (L. King 15th ed. 1989).

The issue involved in this case is essentially one of law: do the Watfords’ business enterprises constitute a “farming operation” under 11 U.S.C. §§ 101(17)(A) and 101(20)? Whether a particular activity constitutes a “farming operation” under the statute should be evaluated as a legal question. In re Maike, 77 B.R. 832 (Bankr. D.Kan.1987). The issue of whether a debt- or is engaged in that particular activity is a factual issue. Therefore, we apply a de novo standard to the question of whether the Watfords’ activities as found by the bankruptcy court — stone crabbing, soybean storing, or fish pond planning — constitute a “farming operation.”

11 U.S.C. § 101(20) (Supp.1989) states:

“farming operation” includes farming, tillage of the soil, dairy farming, ranching, production or raising of crops, poultry, or livestock, and production of poultry or livestock products in an unmanu-factured state.

However, the above list is not all-inclusive. In re McNeal, 848 F.2d 170, 171 (11th Cir.1988); In re Fogle, 87 B.R. 493, 494 (Bankr.N.D.Ohio 1988); In re Paul, 83 B.R. 709, 712 (Bankr.D.N.D.1988); In re van Fossan, 82 B.R. 77, 79 (Bankr.W.Ark. 1987); In re Martin, 78 B.R. 593, 595 (Bankr.D.Mont.1987); In re Haschke, 77 B.R. 223, 225 (Bankr.D.Neb.1987); In re Maike, 77 B.R. 832, 835 (Bankr.D.Kan. 1987) (breeding, raising, and sale of puppies constitutes “farming operation”); see also In re Armstrong, 812 F.2d 1024, 1027 (7th Cir.1987) (sale of farming equipment may be part of “farming operation”), cert.

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898 F.2d 1525, 22 Collier Bankr. Cas. 2d 1286, 1990 U.S. App. LEXIS 6176, Counsel Stack Legal Research, https://law.counselstack.com/opinion/watford-v-federal-land-bank-of-columbia-in-re-watford-ca11-1990.