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§ 101(41)

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

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

In re Red River Energy Inc.

Ruling
Shareholder in defunct LLC appointed as debtor's representative.
Procedural posture

The chapter 7 trustee in the case of debtor, a wholly defunct Delaware limited liability company, asked the court to appoint, as debtor's representative under Fed. R. Bankr. P. 9001(5), two corporate shareholders (SH 1 and SH 2) of debtor. SHs 1 and 2 sought to avoid such appointment, asking the court instead to appoint debtor's former Chief Restructuring Officer (CRO).

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Commercial opinion summary, case decided on June 26, 2009 , LexisNexis #0809-036

In re Estate of Roberts

Ruling
A decedent's estate or its executor are not persons under the Code and thus may not be debtors.
Procedural posture

In petitioner individual's capacity as executor of a decedent's estate, petitioner filed a chapter 13 petition on behalf of a decedent's probate estate

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opinion summary, case decided on August 16, 2005 , LexisNexis #0106-005