In Re Fossum, 764 F.2d 520 (8th Cir. 1985). · Go Syfert
In Re Fossum, 764 F.2d 520 (8th Cir. 1985). Cases Citing This Book View Copy Cite
28 citation events (9 in the last 25 years) across 15 distinct courts.
Strongest positive: Schultz v. Cheney (vaed, 2025-09-24)
Treatment trajectory · 1985 → 2026 · click a year to view as-of
1985 2005 2026
Top citers, strongest first. 11 distinct citers. How cited ↗
discussed Cited as authority (rule) Schultz v. Cheney
E.D. Va. · 2025 · confidence medium
See In re Koerner, 800 F.2d 1358 , 1368 (5th Cir. 1986) (“The bankruptcy judge is not required to give exhaustive reasons for his [§ 1112(b)] decision.”); In re Fossum, 764 F.2d 520, 521-22 (8th Cir. 1985) (holding the bankruptcy court’s one line statement in support of its decision to dismiss a chapter 11 case, which “could have been more detailed and more direct,” was sufficient).
cited Cited as authority (rule) In Re 3 Ram, Inc.
Bankr. E.D. Pa. · 2006 · confidence medium
Fossum v. Federal Land Bank (In re Fossum), 764 F.2d 520, 521 (8th Cir.1985).
discussed Cited as authority (rule) In Re Lumber Exchange Building Limited Partnership
8th Cir. · 1992 · confidence medium
II. 6 A bankruptcy court may dismiss a Chapter 11 case or convert it to a case under Chapter 7 "for cause, including ... inability to effectuate a plan." 11 U.S.C. § 1112 (b)(2); In re Fossum, 764 F.2d 520, 521-22 (8th Cir.1985).
cited Cited as authority (rule) In Re 266 Washington Associates
Bankr. E.D.N.Y. · 1992 · confidence medium
Fossum v. Federal Land Bank (In re Fossum), 764 F.2d 520, 521-22 (8th Cir.1985); In re Lumber Exch.
cited Cited as authority (rule) Jeffrey Raleigh Hall and Suzanne C. Hall v. Katheryn Vance, Assistant United States Trustee
10th Cir. · 1989 · confidence medium
See In re Koerner, 800 F.2d at 1368; Fossum v. Federal Land Bank, 764 F.2d 520, 521-22 (8th Cir.1985); In re McDermott, 77 B.R. 384, 386 (Bankr.N.D.N.Y.1987).
discussed Cited as authority (rule) In Re McDermott
Bankr. N.D.N.Y. · 1987 · confidence medium
Clarkson v. Cook Sales and Service Co. (In re Clarkson), 767 F.2d 417, 420 (8th Cir.1985); Fossum v. Federal Land Bank (In re Fossum), 764 F.2d 520, 522 (8th Cir.1985); Stapleton v. Archer Daniels Midland Co. (In re Stapleton), 55 B.R. 716 (S.D.Ga.1985); Matter of Swartzman, 60 B.R. 18 (Bankr.M.D.Fla.1986).
discussed Cited "see" Loop Corp. v. United States Trustee (2×) also: Cited "see, e.g."
8th Cir. · 2004 · signal: see · confidence high
See In re Fossum, 764 F.2d 520, 521-22 (8th Cir.1985) (bankruptcy court’s factual findings sufficient despite consisting of a single sentence: “the debtors must realize that reorganization is simply not possible and [that] liquidation is the only feasible alternative”); Matter of Koerner, 800 F.2d 1358, 1368 (5th Cir.1986) (“The bankruptcy judge is not required to give exhaustive reasons for his decision [to convert].”).
discussed Cited "see" Loop Corp. v. United States Trustee
8th Cir. · 2004 · signal: see · confidence high
See In re Fossum, 764 F.2d 520 , 521-22 (8th Cir.1985) (bankruptcy court's factual findings sufficient despite consisting of a single sentence: "the debtors must realize that reorganization is simply not possible and [that] liquidation is the only feasible alternative"); Matter of Koerner, 800 F.2d 1358, 1368 (5th Cir.1986) ("The bankruptcy judge is not required to give exhaustive reasons for his decision [to convert]."). 26 Finally, the conversion order was not premature and did not impermissibly deprive the creditors not represented on the Creditors' Committee of the opportunity to consider …
discussed Cited "see" Hutchinson Utilities Commission of Hutchinson v. Curtiss-Wright Corp.
8th Cir. · 1985 · signal: see · confidence high
See Fossum v. Federal Land Bank, 764 F.2d 520, 522 (8th Cir.1985); Mackey v. Stanton, 586 F.2d 1126, 1130 (7th Cir.1978), ce rt. denied, 444 U.S. 882 , 100 S.Ct. 172 , 62 L.Ed.2d 112 (1979) (“When confronted with a court order subject to two possible interpretations, one in compliance with applicable * * * [law], the other in violation of * * * [the law], we must presume that the court intended its order to comply with the controlling law.”).
discussed Cited "see" Hutchinson Utilities Commission Of The City Of Hutchinson v. Curtiss-Wright Corporation
8th Cir. · 1985 · signal: see · confidence high
See Fossum v. Federal Land Bank, 764 F.2d 520, 522 (8th Cir.1985); Mackey v. Stanton, 586 F.2d 1126, 1130 (7th Cir.1978), cert. denied, 444 U.S. 882 , 100 S.Ct. 172 , 62 L.Ed.2d 112 (1979) ("When confronted with a court order subject to two possible interpretations, one in compliance with applicable * * * [law], the other in violation of * * * [the law], we must presume that the court intended its order to comply with the controlling law.").
discussed Cited "see, e.g." In Re New Batt Rental Corp.
Bankr. N.D. Ohio · 1997 · signal: see also · confidence low
See Koerner v. Colonial Bank (In re Koerner), 800 F.2d 1358, 1368 (5th Cir.1985) (finding conversion warranted after sixteen months where proposed plan was nebulous, infeasible and inadequate); see also Fossum v. Federal Land Bank (In re Fossum), 764 F.2d 520 (8th Cir.1985); In re Ray, 46 B.R. 424 (S.D.Ga.1984) (finding conversion warranted where debtor failed to propose confirmable plan in approximately one year); cf. Fishell v. United States Trustee, 19 F.3d 18 , unpublished, 1994 WL 64718 at *2 (6th Cir.1994) (finding conversion warranted for failure to effectuate plan where debtors failed …
Retrieving the full opinion text from the archive…
Bankr. L. Rep. P 70,588 in Re John R. Fossum and Nancy L. Fossum, Debtors. John R. Fossum and Nancy L. Fossum
v.
Federal Land Bank, Norwest Bank of Sauk Rapids, Creditors Committee
84-5214.
Court of Appeals for the Eighth Circuit.
Jun 12, 1985.
764 F.2d 520
Cited by 7 opinions  |  Published

764 F.2d 520

Bankr. L. Rep. P 70,588
In re John R. FOSSUM and Nancy L. Fossum, Debtors.
John R. FOSSUM and Nancy L. Fossum, Appellants,
v.
FEDERAL LAND BANK, Norwest Bank of Sauk Rapids, Creditors
Committee, Appellees.

No. 84-5214.

United States Court of Appeals,
Eighth Circuit.

Submitted May 15, 1985.
Decided June 12, 1985.

Christopher A. Elliott, St. Paul, Minn., for appellants.

James L. Wiant, Sauk Rapids, Minn., for Norwest Bank.

Madge S. Thorsen, Minneapolis, Minn., for Federal Land Bank.

Before BRIGHT, ROSS and JOHN R. GIBSON, Circuit Judges.

ROSS, Circuit Judge.

[*~520]1

John and Nancy Fossum filed a chapter 11 bankruptcy petition on December 13, 1982, seeking to reorganize their farming business. The debtors filed a reorganization plan on June 29, 1983, an amended plan on September 23, 1983, and a second amended plan on March 26, 1984. Two creditors--Norwest Bank of Sauk Rapids, Minnesota and the Federal Land Bank--objected to the plan on the basis that it was infeasible. The creditors also sought a dismissal of the case.

2

The bankruptcy court denied confirmation of the plan, finding it infeasible and inequitable. The court also dismissed the case, stating only: "There is a point at which the debtors must realize that reorganization is simply not possible and [that] liquidation is the only feasible alternative." In re Fossum, Bky. No. 3-82-2353, slip op. at 6 (Bankr.D.Minn. May 9, 1984).

3

The district court affirmed the bankruptcy court's decision. First, the court found no error in the bankruptcy court's denial of confirmation of the reorganization plan, as the finding of infeasibility was not clearly erroneous. Second, the court found no error in the bankruptcy court's dismissal of the case. The court quoted the above statement from the bankruptcy court opinion, and stated: "It is clear from the order of the bankruptcy court that the bankruptcy court felt that the plan presented was not feasible and that a feasible plan was not possible." Fossum v. Federal Land Bank, No. 3-84 CIV. 842, slip op. at 4 (D.Minn. October 18, 1984). This finding was also found to be not clearly erroneous. Finally, the court rejected the Fossums' argument that the bankruptcy court failed to make adequate findings of fact, stating:

4

The debtors finally assert that the bankruptcy court erred in failing to make specific findings of fact with respect to the dismissal of their chapter 11 case. The debtors rely on Bankruptcy Rule 7042 [sic, 7052] which incorporates Federal Rules of Civil Procedure 52 into adversary proceedings. The debtors' reliance is misplaced. Bankruptcy Rule 7001 specifically states the hearings that are adversary in nature and to which Part VII of the Bankruptcy rules applies. A conversion or dismissal hearing under subsection 1112(b) is not included under that rule. Therefore, the bankruptcy court was not required to make specific findings of fact with regard to the dismissal of the chapter 11 case.

5

Id. at 5.

6

On appeal, the Fossums raise the single issue of whether the findings of fact made by the bankruptcy court were adequate to support the dismissal of the case. We find that the findings of fact were adequate to support the dismissal and, accordingly, affirm.

DISCUSSION

1. Necessity of Findings of Fact

7

Bankruptcy Rule 7052 makes FED.R.CIV.P. 52 applicable in "adversary proceedings." A dismissal is not listed as an "adversary proceeding" in Bankruptcy Rule 7001. However, Bankruptcy Rule 1017(d) makes Bankruptcy Rule 9014, which deals with "contested matters", applicable in dismissal proceedings, and Bankruptcy Rule 9014 makes Bankruptcy Rule 7052 applicable to the cases governed by Bankruptcy Rule 9014. The Advisory Committee Note to Bankruptcy Rule 9014 states: "When the rules of Part VII [rules on adversary proceedings] are applicable to a contested matter, reference in the Part VII rules to adversary proceedings is to be read as a reference to a contested matter. See Rule 9002(1)." Essentially, the Advisory Committee Note instructs us to read the term "adversary proceedings" to mean "contested matter" when a matter governed by Bankruptcy Rule 9014 is involved. Hence, FED.R.CIV.P. 52 is applicable to dismissal proceedings such as the one involved in this case. Accordingly, it was necessary for the bankruptcy court to make the findings of fact required by FED.R.CIV.P. 52(a).

2. Adequacy of Findings of Fact

8

A finding that the Fossums were unable to effectuate any plan which would be confirmable is a proper basis for dismissal of the Fossums' chapter 11 case. See 11 U.S.C. Sec. 1112(b)(2) (1982). In light of the evidence in the record, the bankruptcy court's statement that "the debtors must realize that reorganization is simply not possible and [that] liquidation is the only feasible alternative" is a sufficient finding that this fact existed. While the court's findings could have been more detailed and more direct, the findings comply with FED.R.CIV.P. 52(a). As we stated in Freeman v. Gould Special School District, 405 F.2d 1153, 1157 (8th Cir.), cert. denied, 396 U.S. 843, 90 S.Ct. 61, 24 L.Ed.2d 93 (1969):

9

'[A] district court's findings of fact must be liberally construed and found to be in consonance with the judgment if the judgment has support in the record evidence. * * * This is so even if the findings are not as specific or detailed as might be desired.'

10

(quoting Manning v. Jones, 349 F.2d 992, 996 (8th Cir.1965). See 5A J. MOORE & J. LUCAS, MOORE'S FEDERAL PRACTICE p 52.06 at 151-52, n. 31 (2d ed. 1984).

[*~521]11

Accordingly, we affirm.