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§ 109(d)

Catholic Sch. Emples. Pension Trust v. Abreu (Catholic Sch. Emples. Pension Trust)

Apr
18
2019
Ruling
Court applied proper standard for eligibility and correctly ruled that the pension trust was notformed primarily for a business purpose. (B.A.P. 1st Cir.)
Issue(s)
Who May Be a Debtor; Chapter 11.

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Court :
Judge or Jurisdiction information not available
Commercial opinion summary, case decided on April 18, 2019 , LexisNexis #0719-001
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Dille Family Trust, In re--Murphy v. Bernstein

Feb
20
2019
Ruling
Trust debtor was ineligible for bankruptcy relief as its primary purpose was to protect andpreserve the res for family beneficiaries and not for transacting business for a profit. (Bankr.W.D. Pa.)
Issue(s)
Who May Be a Debtor; Chapter 11.

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Commercial opinion summary, case decided on February 20, 2019 , LexisNexis #0419-002
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A & B Assocs., L.P., In re

Sep
26
2018
Ruling
Court held that debtor was a limited partnership under the laws of Georgia and that it waseligible to seek reorganization in the chapter 11 bankruptcy case as they elected to continuethe limited partnership notwithstanding any dissolution. (Bankr. S.D. Ga.)
Issue(s)
Who May Be a Debtor; Chapter 11.

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Commercial opinion summary, case decided on September 26, 2018 , LexisNexis #1118-003
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Lombard Pub. Facilities Corp., In re

Dec
06
2017
Ruling
Bankruptcy case could not be dismissed as the debtor was a commercial enterprise and did not carry out governmental functions. (Bankr. N.D. Ill.)
Issue(s)
Who May Be a Debtor; Chapter 11.

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Commercial opinion summary, case decided on December 06, 2017 , LexisNexis #0118-034
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In re Charles St. African Methodist Episcopal Church of Boston

Sep
11
2012
Ruling
Debtor church was not a trust and was eligible for chapter 11 relief.
Procedural posture

Movant, a creditor bank, filed a motion under 11 U.S.C.S. § 1112(b)(1), to dismiss the case on the basis that the debtor church was not an eligible chapter 11 debtor under 11 U.S.C.S. § 109(d), because it was a trust.

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Commercial opinion summary, case decided on September 11, 2012 , LexisNexis #1012-036
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Estate of Gray v. McDermott (In re Estate of Gray)

Sep
06
2011
Ruling
Case properly dismissed because probate estate was not an eligible debtor.
Procedural posture

Chapter 11 debtor, the estate of a decedent, challenged a decision of the U.S. Bankruptcy Court for the Eastern District of Michigan, which dismissed the debtor's chapter 11 case nunc pro tunc.

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Consumer opinion summary, case decided on September 06, 2011 , LexisNexis #0911-106
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In re Mortgage Banking Trust

Jul
23
2008
Ruling
Personal trust was not an eligible debtor.
Procedural posture

Movant sought to dismiss, pursuant to 11 U.S.C.S. § 1112, the chapter 11 filing by debtor, an alleged business trust, on the grounds that the debtor was not eligible to seek bankruptcy relief under 11 U.S.C.S. § 109(d).

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Commercial opinion summary, case decided on July 23, 2008 , LexisNexis #0908-107
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In re Know Thy Self Inc.

Mar
17
2006
Ruling
Sole proprietorship was not eligible to be a debtor, and automatic stay was annulled.
Procedural posture

Before the court in debtor's chapter 11 matter was a creditor's Motion for Relief from Automatic Stay, to Annul Automatic Stay Ab Initio, to Validate Foreclosure Sale, and for in Rem Relief.

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opinion summary, case decided on March 17, 2006 , LexisNexis #0806-037
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