046070P.pdf   12/16/2004  Darwin Franzen  v.  Corn-Pro Nonstock
   U.S. Court of Appeals Case No:  04-6070
                          and No:  04-6072
                          and No:  04-6071
   District of Nebraska   
   Bankruptcy Appellate Panel. Bankruptcy court did not err in 
   determining Corn-Pro was a farmer for purposes of Section 303(a) of the 
   Code and thus could not be forced into involuntary bankruptcy; the 
   record supported the court's conclusion that Corn-Pro was engaged in 
   farming and that it obtained all of its income from its farming operations; 
   district court did not err in denying Corn-Pro's request for attorneys' fees 
   and costs; under Eighth Circuit precedent, an award of fees and costs is 
   not required in all cases when a petition is dismissed, and the bankruptcy 
   court did not abuse its discretion in denying the motion, based on its 
   findings that the question was close and that there was no evidence the 
   moving creditors acted in bad faith.
   [PUBLISHED] [Federman, Author, with Kressel and Schermer, Bankruptcy Judges]