Unpublished Disposition, 921 F.2d 280 (9th Cir. 1990)

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US Court of Appeals for the Ninth Circuit - 921 F.2d 280 (9th Cir. 1990)

In re Curtis M. MOELLER, Arnold H. Moeller, d/b/a MoellerBrothers and Moeller Ranch, a partnership, Debtors.Curtis M. MOELLER, Arnold H. Moeller, d/b/a Moeller Ranch, Appellants,v.JOHN HANCOCK MUTUAL LIFE INSURANCE COMPANY, Appellee.

No. 90-35017.

United States Court of Appeals, Ninth Circuit.

Argued and Submitted Dec. 6, 1990.Decided Dec. 14, 1990.

Before GOODWIN, Chief Judge, and WRIGHT and NOONAN, Circuit Judges.


Curtis and Arnold Moeller appeal the district court's reversal of the bankruptcy court's grant of a motion to dismiss their chapter 11 case. Appellants made spirited arguments before this court regarding the plight of family farmers who have successfully farmed the same land for generations. We sympathize with their concerns. We are confronted, however, with a case history reflecting eight years of protracted litigation. The bankruptcy judge attempted to assist the Moellers in their efforts to continue farming, but failed to address the legitimate concerns of secured creditors. The district court correctly observed that the many delays in resolving this case, often the result of continuances sought by the Moellers and granted by the bankruptcy court, were prejudicial to appellee John Hancock.

We affirm that portion of the district court's order which held that the former creditor, Merriman, did not have standing under Sec. 1109(b) of the Bankruptcy Code to make a motion to dismiss. We have also considered and rejected appellants' arguments relating to the district court's jurisdiction and scope of review.