Question

Burke has been a Rancher all her life, raising cattle and crops. Her ranch is valued at $500,000, almost all of which is exempt under state law. Burke has eight creditors and a total indebtedness of $70,000. Two of her largest creditor are Oman ($30,000 owed) and Sneed ($25,000 owed). The other six creditors have claims of less than $5,000 each. A drought has ruined all of Burke’s crops and forced her to sell many of her cattle at a loss. She cannot pay off her creditors.

-Under the Bankruptcy Code, can Burke, with a $500,000 ranch, voluntarily petition herself into bankruptcy? Why or why not?

-Could either Oman or Sneed force Burke into involuntary bankruptcy? Why or why not?

Answer 1

Qn :-1 Under the Bankruptcy Code, can Burke, with a $500,000 ranch, voluntarily petition herself into bankruptcy? Explain.

Any person, including a rancher or farmer, can voluntarily petition himself or herself into bankruptcy. The person has only to be a debtor. This includes partnerships and corporations that are liable on a claim held by a creditor, as well as individuals. The debtor does not have to be insolvent to file a petition. Under the Code, a debtor is presumed to be insolvent when his or her debts exceed the fair market value of nonexempt assets. Thus, even though Burke owns a $500,000 ranch and has debts of only $70,000, she can voluntarily petition herself into bankruptcy.

Qn:-2 Could either Oman or Sneed force Burke into involuntary bankruptcy? Explain.

NeitherOman nor Sneed—nor any combination of Burke's creditors—can in-voluntarily petitionBurke into bankruptcy. The Code provides that involuntary bankruptcy proceedings cannot be commenced against a farmer. The definition of a farmer includes persons who receive 50 percentof their gross income from farming operations such as tilling the soil, ranching, or the productionor raising of crops or livestock. Because Burke obviously fits the definition of a farmer, no creditor can force her into bankruptcy