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§ 101(9)

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

In re Blanche Zwedling Revocable Living Trust

Ruling
Trust holding title to real and personal property for the benefit of the trustor was not a business trust and not an eligible debtor.
Issue(s)
Was self-revocable living trust created by deceased trustor/trustee an eligible debtor?

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Consumer opinion summary, case decided on June 11, 2015 , LexisNexis #0715-001

Sherron Assocs. Loan Fund XXI (Lacey) LLC v. Thomas (In re Parks)

Ruling
LLC was a "corporation" that could be an "affiliate" or "insider" of debtor.
Issue(s)
Is an LLC a "corporation" under the bankruptcy code definitions of "affiliate" and "insider."

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Consumer opinion summary, case decided on December 18, 2013 , LexisNexis #0114-001

In re Wyatt & McAlister PLLC

Ruling
Case dismissed where both members of PLLC did not join in petition.
Procedural posture

Following the filing of a voluntary chapter 7 case on behalf of debtor, a professional limited liability company (PLLC), by one of its members, the other member of the PLLC filed an emergency motion to dismiss the chapter 7 voluntary petition.

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Commercial opinion summary, case decided on April 23, 2010 , LexisNexis #0710-106

Wallach v. Douglas (In re Promedicus Health Group LLP)

Ruling
Registered limited liability partnership was a "corporation" for purposes of determining insolvency.
Procedural posture

Plaintiff bankruptcy trustee filed an action against defendants, former partners in a New York registered limited liability partnership (RLLP) that declared bankruptcy and others, claiming that the RLLP was a "corporation," as that term was defined in 11 U.S.C.S. § 101(9), for purposes of determining if it was insolvent. The trustee filed a motion for summary judgment.

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Commercial opinion summary, case decided on October 14, 2009 , LexisNexis #0110-131