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Vol. 15 No. 29

November 3,1986

Des Moines, Iowa

Farm Bankruptcy Bill Signed

law, availability to convert to the
new chapter should be lim ited.”
(3) Time allowed to file and con­
HE new Chapter 12 of the Bank­ with more than 50 percent of the
ruptcy Code has been signed by person’s (including spouse’s) gross firm a plan: Only the farm debtor
President Reagan, after the IBAA income derived from the farming may file a reorganization plan under
urged the president to veto the farm operation during the year immedi­ Chapter 12, and the debtor has up to
ately preceding the filing. A family 90 days to file a plan following issu­
bankruptcy bill.
In his veto recommendation to farmer will be considered as having ance of the stay order. The court
the president, IBAA President “regular annual income” if his an­ may extend the 90-day period if
Chuck Doyle said that there are nual income is found by the court to “substantially justified.” The hear­
much better ways to handle the farm be sufficiently stable and regular to ing on confirmation of the plan must
debt problem than “bankruptcy pro­ enable the farmer to make payments be concluded within 45 days, except
ceedings that purport to keep debt- under a Chapter 12 reorganization where cause for an extension is
shown.
burdened farmers in business while plan.
(2)
Who may convert to Chapter (4) Adequate protection of loan se­
driving a wedge between farmers
and their lenders that jeopardizes 12: Family farmers may be allowed curity: Basically, under a Chapter 12
the future financing that is essential to convert pending Chapter 11 or 13 proceeding a secured creditor will be
for those farmers to sustain their cases to the new Chapter 12, but deemed to be adequately protected
only where courts find such a con­ during the tim e that the reorganiza­
operations.”
Mr. Doyle noted that the bill version “equitable.” The Congres­ tion proceeding is pending if (a) he
creates new bankruptcy judgeships sional conference report on the bill receives cash payments to offset any
that are needed, but said that the states: “It is not intended that there decrease in the value of property
judgeships could be reauthorized be routine conversion of Chapter 11 securing a claim and (b) in the case
next year without any delay in their and 13 cases, pending at the time of of farmland, he is paid a “reasonable
work since no money was appropri­ enactment, to Chapter 12. Instead, rent” based upon the earning capa­
ated for their appointments this it is expected that courts will exer­ city of the property. The Act does
cise their sound discretion in each not allow the protection of “lost op­
year.
The following summary has been case, in allowing conversions only portunity costs.” This provision is
provided by the IBAA outlining the where it is equitable to do so. Chief designed to make it more difficult
among the factors the court should for creditors to succeed with a mo­
major provisions of Chapter 12.
(1)
Who may file: Any “familyconsider is whether there is a sub­ tion to lift the stay, on the grounds
farmer with regular annual income” stantial likelihood of successful reor­ that adequate protection is not pro­
may file under Chapter 12. A “fami­ ganization under Chapter 12. Courts vided.
(5) Sale or evaluation of loan se­
ly farmer” is a person with a farm­ should also carefully scrutinize the
ing operation whose total debts do actions already taken in pending curity: Prior to the confirmation of a
not exceed $1.5 million, not less cases in deciding whether, in their plan, a farmer may be permitted to
than 80 percent of which (excluding equitable discretion, to allow conver­ sell assets such as farmland or farm
debt on principal residence) arises sion... In cases where the parties equipment that are part of a credi­
out of the farming operation, and have substantially relied on current tor’s security, without the consent

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of the secured creditor. Such sales year lim it that applies under Chap­
can only occur with court approval ter 13 is retained for unsecured
after notice and a hearing, and the debts under Chapter 12.
Under the new Chapter 12, many
proceeds from the sale must accrue
to the secured creditor. This provi­ of the provisions applying to farm
sion is intended to allow farmers to debt reorganization, other than
scale down their operations if that those indicated above, will be the
appears useful in order to develop a existing provisions of Chapter 11
successful plan of reorganization. Of and 13 of the Bankruptcy Code. For
course creditors may bid at such instance, the anti-fraud provisions
sales, and those assets serving as of Chapter 11 will generally apply to
loan security that are not sold (but Chapter 12 reorganizations.
The new Chapter 12 is authorized
continue in the possession of the
farmer under a reorganization plan) for a 7-year period.
Weldon Barton, agricultural rep­
are subject to current evaluation in
determining amounts due to secured resentative for the IBAA, said the
group will continue to look for ways
creditors under such a plan.
(6)
Duration of a plan: This is noto restructure debt for those farmers
time lim it on the length of a plan that fall short of the bankruptcy
□
under Chapter 12, although the 3-5 code.

Nebraska News
HICKMAN: Lawrence W illiams,
president of the First State Bank,
has retired after 19 years of service.
He is succeeded by Jay Martell, who
has been serving as chief executive
officer of Martell State Bank in Mar­
tell.
SCOTTSBLUFF: First State Bank
of Scottsbluff was the successful
bidder for the failed Bank of Gering,
which was closed Oct. 23 by the Neb­
raska Department of Banking. The
Gering bank reopened Oct. 31 and
will be known as First State Bank—
Gering. A t the tim e it was closed,
the bank had deposits of approxi­
mately $25 million.
SIDNEY: Larry Rasmussen has re­
signed from his position of president
at the First National Bank of Sid­
ney. He has assumed a position with
the National Bank of Commerce,
Lincoln. His successor is Dean Kugler, formerly senior vice president of
American Security Bank in North
Platte.
WILBER: A.W. “Tony” Fridrich,
90, former president of Saline State
Bank, passed away in August. Mr.
Fridrich joined the bank in 1915 as a
bookkeeper and stayed there for 62
years. He became president in 1970
and retired in 1976.

Iowa News

ASK
TERRY MARTIN

DUBUQUE: Jerry H. Snuttjer has
been appointed vice president of
Dubuque Bank & Trust Co. He
joined the bank a year ago. Mr.
Snuttjer will be responsible for the
operation and management of DB&T
Insurance. Melvin E. Miller has
been promoted to vice president,
trust investm ents for the bank’s
trust department.
MOUNT VERNON: Jay A. Fordyce, president and trust officer of
Mount Vernon Bank & Trust Com­
pany, passed away on Oct. 16. He
had served at the bank from 1935
until the time of his death.

to make MNB
work for you.

Minnesota News
MINNEAPOLIS: M. Claire Canavan has been elected senior vice
president of funds management for
First Bank System , Inc. She has
been associated with the First
Banks since 1976. Ms. Canavan
joined the metro treasury depart­
ment of the capital markets group as
vice president in 1984 and assumed
responsibility for FBS’s funds man­
agement activities this past March.
Meanwhile, David R. Edstam, Rus­
sell W. Swansen, and Joseph M. Ulrey, III have been named vice presi­
dents. Mr. Edstram, m ost recently

For Professional Correspondent Service
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farm operation is grain and/or livestock, R.W.A. can produce and
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farmer can plan for today and tomorrow, in coordination with his lender.
Over 150 Midwestern lending institutions are using R.W.A.'s array of
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OTHER STATES 1-800-553-8018
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Supplement to Northwestern Banker Newsletter 11-3-86


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manager of Bank of America’s glo­
bal U.S. dollar interest rate swap
group, will be vice president of fund­
ing. Mr. Swansen, who previously
served as vice president and port­
folio manager of W ashington Square
Capital, Minneapolis, will be vice
president of investm ent portfolios.
Mr. Ulrey most recently was assis­
tant vice president of funds manage­
ment planning and analysis for FBS,
and was promoted to vice president
of asset/liability management.
MINNEAPOLIS: The American In­
stitute of Banking will sponsor sev­
eral seminars during November. All
seminars will be conducted at the
AIB Education Center in Minneapo­
lis. Dates are as follows: Nov. 11—
AIB Intermediate Lotus Seminar;
Nov. 12—Account Ownership Semi­
nar; Nov. 12—Know Your IBM PC
Seminar; Nov. 18—AIB Compliance
Management and Update Seminar;
Nov. 19—AIB Dealing with D iffi­
cult People Seminar; Nov. 20—AIB
Letters of Credit Seminar.
REDWOOD FALLS: Norwest Bank
Redwood Falls, N.A. has announced
that Dean Bloemke has joined the
bank as vice president, commercial
loans. He has 13 years of lending ex­
perience, the past 10 years at First
National Bank of Waseca, Minne­
sota.

South Dakota News
The Independent Community
Bankers of South Dakota will spon­
sor a three-day seminar entitled
“Analyzing Financial Statem ents”
on Nov. 12-14. It will be held from
8:30 a.m. to 4:30 p.m. each day at
the Howard Johnson Motor Lodge
in Sioux Falls. Speaker is Dennis
McCuistion, owner of McCuistion &
A ssociates, a bank consulting firm.
Registration is $200 for ICB mem­
bers and $300 for non-members, and
includes lunch and materials. Dead­
line for registration is Nov. 5. For

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SUITE 301 KANSAS CITY, MO 64112
(816) 753-7440

Brainerd senior vice president and
general counsel. His previous posi­
tion was as senior vice president and
legal counsel for Colorado National
Bankshares, Inc. He replaces David
Butler, who has returned to private
practice with the law firm of Hol­
Wyoming News
land and Hart. In addition, nine offi­
BAGGS: The FDIC has approved cers of the bank have been promoted
paying off insured depositors in to vice presidents. They are: Frances
Valley State Bank, Baggs. The E. Draper, planning and analysis;
bank, with toted assets of $4.2 mil­ D onald L. G rant, com m ercial
lion, was closed Oct. 17 by Wyoming finance support; Cynthia L. Knut­
State Examiner Stanley R. Hunt, son, human resources—education
and the FDIC was named receiver. and development; Mary D. Maguire,
No bids were received for the failed real estate; Darlene D. Romero, in­
bank. Mr. Hunt said, “The bank was vestm ent banking; Richard J. Sulli­
closed after a resolution for volun- van, trust banking; Adilberto Tor­
tetry closure was received from the res, Jr., human resources; Anne D.
shareholders. Depressed business Warhover, credit, and Gordon C.
conditions in the community led to W illis, private bank and trust.
the decision...to ask the state to take
over the bank.” Deposits in Valley DENVER: William W. “Peter”
State Bank amounted to about $4.0 Grant, chairman of Colorado Na­
million in 1,900 accounts, including tional Bank of Denver, announced
about $2,300 in four accounts that retirement plans on Oct. 22. Mr.
exceeded the federal insurance limit. Grant, 54, is taking early retirement
after 28 years with the bank, but
will retain the title of chairman even
though he will cease full-time activi­
Colorado News
ty at the bank. The announcement
DENVER: First Interstate Bank of comes five months after Mr. Grant
Denver has appointed Frank J. was promoted to the chairmanship.

more information or to register, con­
tact ICB secretary Houston Haugo
at Valley National Bank in Sioux
Falls, (605) 336-0830.

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with people w ho live it — people
like Ben Eilders and the correspon­
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Federal Reserve Bank of St. Louis

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CALL:
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WRITE:
LeRoy Bell
T he National Bank of Waterloo
RO. Box 90,
Waterloo, IA 50704

3

BANKING
PRESIDENT/CEO. Aggressive ag lender to step into
#1 spot in $15mm bank. Strong capital position and
low classifications. Plenty of operations support.
Bonus based on performance. 45 minutes from
large city....................$40,000..................... Call Steve.
OPERATIONS. 2 + years experience, aggressive
personality with desire to move upward in $25mm
bank. Excellent benefits. . .To $25,000. . .Call Marj
V.P./COMMERCIAL LENDING. High performing
metro bank needs 3 + years commercial and analy­
tical background. Business development. Bank pro­
vides educational opportunities, expects a lot, but
reward their p e o p le !........ $35,000............ Call Bruce
COMMERCIAL LOAN OFFICER. $135mm bank In
metro area expanding their operation. Take over
$5mm portfolio and develop from there. Small to
mid-size commercial accounts along with real es­
tate. The right opportunity for lender looking for fast
advancement............... To $40,000............. Call Steve
#2 PERSON. Experience in loans and some opera­
tions for holding company bank. Clean portfolio.. . .
........................ To $45,000.............................Call Marj
CONSUMER DEPT. MGR. Manage department and
supervise staff of this $100 + mm bank. Bank and
management experience are musts. Community a
plus...................... To $35,000.......................Call Bruce
SENIOR LOAN OFFICER. Supervise staff of lenders
in $93mm bank. Improve and develop commercial
loan portfolio with aggressive area businesses. Per­
formance will lead to #2 spot. Benefits, profit shar­
ing.......................... $45,000...........................Call Steve
FARM MANAGER. Experienced 2 + years and real
estate background for #1 company. Good benefits
package....................To$45,000.................... Call Marj
V.PJCOMMERCIAL DEPT. MGR. As number two offi­
cer, you’ll manage portfolio and people for this hold­
ing company bank. 5 + years commercial. Benefits,
401K.
.............. $40,000......................... Call Bruce

POSITIONS AVAILABLE
SR. LENDER position available for experienced person to
develop, plan and implement overall lending function of
$200mm bank. Send resume to File No. WHA c/o North­
western Banker.
(PA)
Opening in West Central Nebraska Bank for REAL ESTATE
LOAN OFFICER with experience in FHA-VA Loans and
Secondary Market. Appraisal experience preferred. Send
resume to File WHD, c/o Northwestern Banker. EOE/M/F.

_____________________________________ (PA)
LOAN OFFICER. Commercial & ag lending experience re­
quired. Real estate lending and insurance licenses pre­
ferred. #2 position. Opportunity to advance. Salary com­
mensurate with experience. Range $25-$40 thousand. Con­
tact Robert J. Miller, CEO, Polk City Savings Bank, Box
528, Polk City, IA 50226.
(PA)
Immediate opening forexperienced LOANOFFICER in
southeastern MN bank of $23MM. Must be strong in man­
agement ability, agricultural credits, and collections. Rep­
ly with resume and salaryrequirements toFile WHE, c/o
Northwestern Banker.
(PA)

FOR SALE
MECHANICAL CHECK FILES—Two Diebold Inc. files with
manual & automatic control selectors, complete with
trays and three drawer work stations attached. Southwest
Bank & Trust, 8800 West Center Road, Omaha, NE 68124.
(FS)

1126 So. 72nd St. Omaha, Ne. 68124

402 - 397- 2980.____
Serving bankers quietly and efficiently.

CAPITAL PERSONNEL SERVICE
714 First Interstate Bank Building
Des Moines, Iowa 50309
515-283-2545

FOR SALE
RECONDITIONED
BRANDT Coin Sorters-Counters
BRANDT Currency Counters
New Warranty
402-571-5577

POSITIONS AVAILABLE
LOAN REVIEW OFFICER
Aggressive bk h/c seeks exp pro who understands & has
done ratio analysis, loan review & desires lending pos. Will
grow into comm’l lending & starts at ofcr level. Mid $20's.
BRANCH MANAGER
Supv 6 in top-notch bk branch of $30m + . Port consists of
R/E, consumer & very little ag. Must have 4 + yrs exp in bk
or S&L
$30 + .
EX VP
Clean $60m bk in cty seat. Very profitable over the last 3
yrs, now needs added leadership from strong banker w/6 +
yrs lending & mgt.
$45K.
FOR FURTHER INFORMATION CONTACT KURT ROSENCRANTS

M1
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HI

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m w m T N n if
317 6th Ave, Ste. 650
Des Moines, IA 50309

(515) 244-4414

ALL FEES COMPANY PAID

COMMERCIAL LENDER for $30 million bank located near
state university. Requires 5 or more years experience han­
dling loans of $250,000 or better. Candidate will be a part
of management team................................ Salary to $35,000
COMMERCIAL LENDER for prestigious bank in western
Chicago suburbs. Great future. Requires college degree
and 3 to 5 years solid experience..............Salary to $40,000
MORTGAGE LOAN person to head department in $200 mil­
lion bank. Requires college degree and minimum of 7
years experience........................................Salary to $40,000
LOAN REVIEW person with 3 to 5 years bank or examining
experience for a $60 million bank in a thriving county seat.
..................................................................... Salary to $26,000

Financial Careers
(Division of Freeland Financial Service, Inc.)
1010 Equitable Bldg. Des Moines, IA 50309
515/282-6462
Employer pays fee.
Please contact Malcolm Freeland concerning these posi­
tions or for other current openings.

POSITIONS AVAILABLE

czH oidsx a n d c ^ h io a ia tz i

COMMERCIAL LENDER

Bank Consultants

Are you looking to broaden your career? A premiere Mpls
bank needs a sales motivated coml lender with 3 + yrs
lending exp. Desire top analytical skills, a degree, and mo­
tivation to succeed. A fantastic growth opportunity!
To $40K.
Job #NW9235.

Specializing in Bank Acquisitions
P.O. Box 450

(personnel Search

NEW OPPORTUNITIES
INSTALLMENT LENDER to head dept, in $35 million bank
located In scenic recreational area near university and
state capitol. Require college degree and min. of 4 yrs. ex­
perience. Excellent potential..................Salary to $35,000.

515-232-0814
405 Main Ames, Iowa 50010

D o n a l d E . H o l d e r , Principal
POSITIONS AVAILABLE
TWO BRANCH MANAGERS— Need 5 years exper­
ience as a branch manager. Degreed. Major Mil­
waukee bank. To $40K.
VP REAL ESTATE DIVISION— Need secondary
loan experience. M anagement experience
needed. $200MM bank, east Iowa. To $37K.
CASHIER— EDP + 10-12 years of operations, in­
cluding supervision of tellers, bookkeeping, per­
sonnel and customer service. Omaha—$50MM.
To $42K.

AGRICULTURAL LENDER
Do your abilities deserve greater rewards? Outstate MN
bank- in a super community needs ag lender with 3 + yrs
exp. Desire knowledge of cash flows, degree and strong
selling skills. This is a clean bank! You will be the sr.
lender.
To$35K.
Job#NW9236.

BRANCH MANAGER
Can you keep several bills in the air simultaneously? A
profitable Twin Cities bank needs a market driven branch
mgr with 5 + yrs consumer lending exp. Must be able to
develop new business and underwrite new credit conser­
vatively. Top image and degree.
To$29K + Bonus.
Job#NW9237.
FOR MORE INFORMATION
CONTACT PAUL GENTZKOW

All fees are paid by our client employers.
Richard L. Beam, CPC
GUMBERT EXECUTIVE EXCHANGE, INC.
11246 Davenport Street
Omaha, NE 68154
Phone: 402/330-3260
Member National Personnel Associates
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Purchase of
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Sale of Rare Coins
Reliable and respected service
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Used by bankers
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Ben E. Marlenee
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913 Locust
Des Moines, Iowa 50309
515-243-8064

POSITIONS AVAILABLE
CASHIER - $25MM Ag Bank. Requires background with inhouse minicomputers and some knowledge of Agri Loans.
$30K
PRESIDENT - Agri Bank with problem loans. Should have
administrative experience and solid Agri Loan skills. $40K
OPERATIONS - manage department of 35 for large urban
bank. Experience with deposit accounting and account
services required.
$38K
AGRI LOAN - community bank with large Ag portfolio.
Seven yrs. or more Ag Lending experience needed.
$35K
COMMERCIAL LOAN - large suburban bank with $100MM
loan portfolio. Degree and minimum 3 yrs. comml lending
experience with six figure credits.
$32K
Additional positions available in Midwestern states.

TOM HAGAN & ASSOCIATES
2024 Swift - Box 12346
North Kansas City, MO 64116
816/474-6874

“Serving the Banking Industry Since 1970”

Voi. 15 No. 29 Northwestern Banker Newsletter (USPS 873-300) is published weekly by the Northwestern Banker Company, 1535 Linden
Street, Suite 201, Des Moines, Iowa 50309, (515) 244-8163. Subscriptions $1.00 per copy, $18.00 per year. Second class postage paid at
Des Moines, Iowa. Address all mail subscriptions, changes of address (Form 3579), manuscripts to Northwestern Banker, 1535 Linden
#201, Des Moines, Iowa 50309.
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