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§ 101(51D)

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

Sullivan, In re

Ruling
Debtor did not qualify for subchapter V as a small business debtor as a majority of debt didnot arise from business or commercial activities. (Bankr. D. Colo.)
Issue(s)
Definitions; “Small Business Debtor”.

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Consumer opinion summary, case decided on March 30, 2021 , LexisNexis #0521-051

Johnson, In re

Ruling
Debtor husband did not qualify as a small business debtor because he was not engaged incommercial or business activities. (Bankr. N.D. Tex.)
Issue(s)
Definitions; “Small Business Debtor”.

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Consumer opinion summary, case decided on March 01, 2021 , LexisNexis #0421-026

305 Petroleum, Inc., In re

Ruling
Small business debtor that was a member of a group of affiliates whose aggregate debtexceeded $7,500,000 was not eligible under Subchapter V. (Bankr. N.D. Miss.)
Issue(s)
Definitions; “Small Business Debtor”; Affiliated Debtors With Debts in Excess of

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Commercial opinion summary, case decided on October 27, 2020 , LexisNexis #1220-026

In re CCT Communs. Inc.

Ruling
Case dismissed where "small business debtor" failed to file plan during period of exclusivity and then sought to challenge "small business" status.
Procedural posture

A debtor filed a bankruptcy petition indicating that the debtor was a small business debtor, and the debtor obtained an extension of the period of exclusivity for a small business debtor to file a plan, but the debtor failed to confirm a plan within the period established for small business debtors. Creditors moved to dismiss the debtor's bankruptcy case.

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Commercial opinion summary, case decided on November 25, 2009 , LexisNexis #1209-072