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§ 101

Ellingsworth Residential Cmty. Ass'n, Inc., In re--Guan v. Ellingsworth Residential Cmty. Ass'n, Inc.

Ruling
Not-for-profit homeowners association was an eligible Subchapter V debtor as eligibility is not limited to for-profit entities. (11th Cir.)
Issue(s)
Definitions; “Small Business Debtor”.

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Commercial opinion summary, case decided on January 13, 2025 , LexisNexis #0325-051

Estate of Markert, In re

Ruling
Probate estate was ineligible to commence a case as a Chapter 13 debtor. (Bankr. E.D.N.Y.)
Issue(s)
Definitions; “Person”.

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Commercial opinion summary, case decided on July 25, 2024 , LexisNexis #0924-051

Chen Found., Inc., In re

Ruling
Debtor was not a single asset real estate debtor given that the property contained a culturalcenter. (Bankr. S.D.N.Y.)
Issue(s)
Definitions; “Single Asset Real Estate”.

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Commercial opinion summary, case decided on July 17, 2024 , LexisNexis #0924-026

Mallinckrodt PLC, In re

Ruling
Creditor’s right to future royalty payments was contingent on debtor’s sales exceeding $10million annually and was unliquidated in amount, so it qualified as a contingent,unliquidated claim. (3d Cir.)
Issue(s)
Definitions; “Claim”; Right to Payment.

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:
Judge or Jurisdiction information not available
Commercial opinion summary, case decided on April 25, 2024 , LexisNexis #0624-076

Tiel Trust, In re

Ruling
Debtor trust was not a business trust and was not eligible to be a bankruptcy debtor as thetrust agreement did not identify the beneficiaries' respective ownership interests in the trustby percentage, shares, or certificates. (Bankr. D. Colo.)
Issue(s)
Definitions; “Corporation”.

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Commercial opinion summary, case decided on January 22, 2024 , LexisNexis #0324-026

Estate of Baer, In re

Ruling
Bankruptcy case was dismissed as the debtor was a probate estate and a probate estate wasineligible to be a Chapter 7 debtor. (Bankr. E.D.N.Y.)
Issue(s)
Definitions; “Person”.

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Commercial opinion summary, case decided on January 19, 2024 , LexisNexis #0324-028

Werfel, In re

Ruling
Involuntary Chapter 7 bankruptcy case against the IRS dismissed as the IRS was not a person.(Bankr. E.D.N.Y.)
Issue(s)
Definitions; “Person”.

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Consumer opinion summary, case decided on January 16, 2024 , LexisNexis #0324-027

1 Big Red LLC, In re--Williamson v. Guardians of Travel, LLC

Ruling
Fraudulent transfer complaint adequately set forth debtor’s insider status with transferee.(Bankr. D. Kan.)
Issue(s)
Definitions; “Insider”.

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Commercial opinion summary, case decided on November 29, 2023 , LexisNexis #0224-026

City of Detroit, In re

Ruling
Firefighters’ claims were largely barred by debtor’s plan. (Bankr. E.D. Mich.)
Issue(s)
Definitions; “Claim”; Right to Payment.

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Commercial opinion summary, case decided on September 18, 2023 , LexisNexis #1123-051

DLB II, LLC, In re

Ruling
Debtor set up for activities that only involved the repair and resale of farm equipment failedto qualify for Chapter 12 relief. (Bankr. N.D. Iowa)
Issue(s)
Definitions; “Farming Operation”.

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Commercial opinion summary, case decided on September 08, 2023 , LexisNexis #1123-001