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Debtor's liability on trade secrets claim and fixing minimum amount of that iability, was neither "contingent" nor "unliquidated"

Background: Motion was filed to dismiss debtor's Chapter 12 case, on ground that
at least 50% of debtor's noncontingent, liquidated debt did not arise out of
farming operation, as required for debtor to qualify as "family farmer" eligible
for Chapter 12 relief.


Holding: The Bankruptcy Court, Gerald D. Fines, J., held that debtor's
obligation to corporation that had sued him prepetition for misappropriation of
trade secrets, and that, prior to petition date, had obtained order establishing
debtor's liability on trade secrets claim and fixing minimum amount of that
liability, was neither "contingent" nor "unliquidated," even though debtor filed
for bankruptcy before judgment could be formally entered in corporation's favor,
so that this non-farming-related debt to corporation had to be included with
debtor's other noncontingent, liquidated debt in assessing his eligibility for
Chapter 12 relief.

Motion allowed.

387 B.R. 216

United States Bankruptcy Court,

S.D. Illinois.

In re Timothy F. HAARMANN, Debtor.

No. 07-60207.

April 15, 2008.