Judicial:
IN RE: MARGARET JO CARDWELL, Debtor., No. 17-50307-RLJ12, 2018 WL 4846520 (Bankr. N.D. Tex. Oct. 3, 2018); Debtor filed bankruptcy under chapter 12 of the Bankruptcy Code on December 4, 2017. Lone Star State Bank of West Texas, an asserted secured creditor, moved for dismissal of the case. The bank contends that Debtor does not qualify as a family farmer and is thus ineligible to file under chapter 12, the chapter of the Bankruptcy Code that specifically accommodates the reorganization of farmers who seek relief under the bankruptcy laws. In response, on July 20, 2018, Debtor, apparently assuming she had an absolute right to convert to the less debtor-friendly chapter 11, filed her “Conversion of Chapter 12 Case to a Case under Chapter 11.” Lone Star now objects to Debtor’s conversion, arguing that the Code does not allow a debtor to convert from chapter 12 to chapter 11. She must dismiss her case and perhaps then file for relief under chapter 11, Lone Star contends.
Regulatory:
Direct Final Rule: Agricultural Marketing Service, USDA; The Agricultural Marketing Service (AMS) is amending the U.S. Standards for Grades of Shelled Pecans and the U.S. Standards for Grades of Pecans in the Shell. The revisions include replacing the term “midget” with “extra small” in the Shelled Pecan standards and removing references to plastic models of pecan kernels and information on where the color standards may be examined from both standards. Info HERE
Proposed Rule: Agricultural Marketing Service, USDA; This proposed rule would implement a recommendation from the Far West Spearmint Oil Administrative Committee (Committee) to increase the quantity of Class 3 (Native) spearmint oil that handlers may purchase from, or handle on behalf of, producers during the 2018-2019 marketing year. The Committee recommended this action to avoid extreme fluctuations in supplies and prices and to help maintain stability in the Far West spearmint oil market. Info HERE
Proposed Rule: Agricultural Marketing Service, USDA.; This proposed rule invites comments on a proposal to revise the reporting requirements under the Federal marketing order for pecans. The revised reporting requirements would enable the American Pecan Council (Council) to collect information from handlers on the average handler price paid and the average shelled pecan yield. The Council would use this information to provide important statistical reports to the industry and meet requirements under the marketing order. Info HERE
Final Rule: Forest Service, Agriculture; Fish and Wildlife Service, Interior; This final rule establishes regulations for seasons, harvest limits, and methods and means related to the taking of wildlife for subsistence uses in Alaska for the 2018-19 and 2019-20 regulatory years. The Federal Subsistence Board (Board) completes the biennial process of revising subsistence hunting and trapping regulations in even-numbered years and subsistence fishing and shellfish regulations in odd-numbered years; public proposal and review processes take place during the preceding year. The Board also addresses customary and traditional use determinations during the applicable biennial cycle. This rule also revises the general regulations on subsistence taking of fish and wildlife and customary and traditional use determinations for wildlife. Info HERE
Notice and Requests for Comment: Food Safety and Inspection Service, USDA; In accordance with the Paperwork Reduction Act of 1995 and Office of Management and Budget (OMB) regulations, the Food Safety and Inspection Service (FSIS) is announcing its intention to renew the approved information collection regarding laboratories. The approval for this information collection will expire on February 28, 2019. FSIS is making no changes to the approved collection. Info HERE
Notice Soliciting for Membership: Food Safety and Inspection Service, USDA; The U.S. Department of Agriculture (USDA) is soliciting nominations for membership for the National Advisory Committee on Meat and Poultry Inspection (NACMPI). The full Committee consists of 20 members, and each person selected is expected to serve a 2-year term. There are 15 available positions. Info HERE