In re Rape
Decision Date | 29 August 1989 |
Docket Number | No. C-C-89-0196-P,Bankruptcy No. 88-00960-MRW-12.,C-C-89-0196-P |
Citation | 104 BR 741 |
Court | U.S. District Court — Western District of North Carolina |
Parties | In re A. Milton RAPE and Bonnie W. Rape, d/b/a Mil-Bon Farms, Debtors. FARMERS HOME ADMINISTRATION and Farm Credit Bank of Columbia, Appellants, v. A. Milton RAPE and Bonnie W. Rape, d/b/a Mil-Bon Farms, Appellees. |
Charles E. Lyons, Asst. U.S. Atty., Charlotte, N.C.
Thomas W. Waldrep, Jr., Womble Carlyle Sandridge & Rice, Winston-Salem, N.C., for appellants.
Robert L. Lindsey, Jr., Lindsey and Schrimsher, P.A., Charlotte, N.C., for appellees.
Wayne Sigmon, Gastonia, N.C., Trustee.
THIS MATTER is before the Court on an appeal from the bankruptcy court by the Farmers Home Administration ("FmHA")1 and the Farm Credit Bank of Columbia ("FCB"), formerly the Farm Land Bank of Columbia.2
On September 22, 1988, A. Milton Rape and Bonnie W. Rape, doing business as Mil-Bon Farms, (the "Rapes") filed for protection under Chapter 12 of the Bankruptcy Code, 11 U.S.C.A. §§ 1201-1231 (West Supp.1989) ( ).3 On December 20, 1988, the Rapes filed a Chapter 12 plan of reorganization, which was followed by an amended Chapter 12 plan. On January 30, 1989, the Honorable Marvin R. Wooten, Chief United States Bankruptcy Judge for the Western District of North Carolina, conducted a hearing to determine whether the Rapes' amended Chapter 12 plan should be confirmed; the feasibility of the amended Chapter 12 plan was the only contested issue. The following witnesses testified at the hearing: (1) P. Wayne Sigmon, Esq. ("Sigmon"), the Chapter 12 trustee; (2) Bonnie Rape; (3) Milton Rape; (4) Thomas Morgan ("Morgan"), the County Executive Director for the United States Department of Agriculture, Agricultural Stabilization Conservation Service; (5) Max Matthews ("Matthews"), Vice-President of Piedmont Farm Credit, acting as agent for FCB; and (6) Michael Huskey ("Huskey"), Farm Program Specialist for FmHA. After receiving all of the evidence and entertaining the arguments of counsel, for the Rapes and for FmHA and FCB, Judge Wooten indicated that the Rapes' amended Chapter 12 plan would be confirmed. On February 17, 1989, Judge Wooten entered a written order confirming the Rapes' amended Chapter 12 plan. On March 2, FmHA filed its Notice of Appeal, and on March 3, 1989, FCB filed its Notice of Appeal. On April 5, 1989, Judge Wooten entered an amended order — containing findings of fact and conclusions of law, pursuant to Rule 52(a) of the Federal Rules of Civil Procedure — confirming the Rapes' amended Chapter 12 plan. FmHA and FCB are appealing from the bankruptcy court's April 5th amended order.
On April 17, 1989, FmHA and FCB filed their respective designations of the record on appeal and statements of issues. On April 18, 1989, the Rapes filed their designations of the record on appeal and statement of issues. On May 1, 1989, the appeal was docketed in this Court, pursuant to Bankruptcy Rule 8007.
FmHA and FCB claim on appeal that:
This Court has jurisdiction over the present action pursuant to Section 158(a) of Title 28, United States Code.
The parties have adequately presented in their briefs the relevant facts and legal arguments, and, therefore, this Court will dispense with oral argument because a decision can be made on the basis of the record and because oral argument would not significantly aid the decisional process. Bankr.Rule 8012; Grundy Nat. Bank v. Shortt, 80 B.R. 802, 803 (W.D.Va.1987).
For the reasons that follow, this Court will adopt the bankruptcy court's findings of fact and will affirm the bankruptcy court's amended order, which confirmed the Rapes' amended Chapter 12 plan.
The Rapes are farmers; they grow soybeans, corn, and wheat in Union and Anson Counties, both of which are located in North Carolina. The Rapes receive their income primarily from selling their soybeans, corn, and wheat, but they have in the past also received income from the rental of their hog finishing house and from federal farm subsidiary programs.
Table One is a summary — generated from the Rapes' tax returns — indicating the general past profitability of the Rapes' farming operation:
Table 1 Net Income Farm Farm Farm Available to Year Revenue Expenses Loss/Profit Pay Creditors 1981 - - ($227,431) - 1982 - - - - 1983 - - ($ 51,071) - 1984 - - ($153,091) - 1985 $163,955 $261,656 ($ 97,701) ($ 36,326) 1986 $ 94,448 $135,048 ($ 33,900) ($ 34,184) 1987 $143,303 $135,366 $ 7,935 $ 17,432 19885 $209,587 $177,696 $ 31,891 $ 31,891
As the above figures show, 1988 was the Rapes' best year, thus far. It is undisputed that they generated more revenue in 1988 than in any year since the 1970's. In 1987 and 1988, the Rapes' farming operation generated positive cash flow in part because they did not make any payments to FCB and FmHA, the two lenders holding approximately eighty-five percent (85%) of the Rapes' secured indebtedness.
Table Two is an item-by-item breakdown of the Rapes' 1988 income and expenses — expressed in both the cash basis method of accounting and in the accrual basis method of accounting.
Table 2 1988 1988 CASH ACCRUAL BASIS BASIS -------------------------------------------------------------------------------------- INCOME Source Wheat $ 25,407 $ 25,407 Corn 0 $ 29,250 Soybeans $ 1,328 $ 62,000 Government Payments $ 41,190 $ 13,209 1988 CCC Loan $ 47,631 - 1987 Crops $ 83,421 - Transfer from Savings $ 2,000 $ 2,000 Insurance Proceeds $ 2,900 $ 2,900 Interest Income $ 142 $ 142 Rental Income $ 5,406 $ 5,406 Insurance Dividend $ 162 $ 162 ________ ________ TOTAL CASH AVAILABLE $209,587 $140,476 EXPENSES Operating Expenses (325 double crop acres,6 400 single crop acres) Seed, Fert. & Chems. $ 35,724 $ 35,724 Electricity $ 1,014 $ 1,014 Building Insurance $ 831 $ 831 Land Rental $ 14,075 $ 17,275 Fuel $ 5,758 $ 5,758 Equipment Repair $ 13,776 $ 13,776 Labor $ 8,540 $ 8,540 Miscellaneous $ 948 $ 2,748 Taxes/Soc. Security $ 8,527 $ 8,527 ________ ________ TOTAL OPERATING EXPENSES $ 89,193 $ 94,193 Debt Payments 1987 CCC Loan $ 52,586 - NCNB $ 1,210 $ 1,210 New Holland $ 3,690 $ 3,690 ________ ________ TOTAL DEBT PAYMENTS $ 57,486 $ 4,900 Miscellaneous Expenses Family Living $ 25,517 $ 25,517 Attorney's Fees $ 5,500 $ 5,500 ________ ________ TOTAL MISCELLANEOUS EXPENSES $ 31,017 $ 31,017 Total Cash Outlays Total Operating Expenses $ 89,193 $ 94,193 Total Debt Payments $ 57,486 $ 4,900 Total Miscellaneous Expenses $ 31,017 $ 31,017 ________ ________ TOTAL EXPENSES/PAYMENTS $177,696 $130,110 Income...
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