§ 109(d)

Dille Family Trust, In re--Murphy v. Bernstein

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.)
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Commercial case opionion summary, case decided on February 20,2019, LexisNexis #0419-002

A & B Assocs., L.P., In re

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.)
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Commercial case opionion summary, case decided on September 26,2018, LexisNexis #1118-003

Lombard Pub. Facilities Corp., In re

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.)
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Commercial case opionion summary, case decided on December 06,2017, LexisNexis #0118-034

In re Charles St. African Methodist Episcopal Church of Boston

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.
Ruling: 
Debtor church was not a trust and was eligible for chapter 11 relief.
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Commercial case opionion summary, case decided on September 11,2012, LexisNexis #1012-036

Estate of Gray v. McDermott (In re Estate of Gray)

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.
Ruling: 
Case properly dismissed because probate estate was not an eligible debtor.
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Consumer case opionion summary, case decided on September 06,2011, LexisNexis #0911-106

In re Mortgage Banking Trust

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).
Ruling: 
Personal trust was not an eligible debtor.
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Commercial case opionion summary, case decided on July 23,2008, LexisNexis #0908-107

In re Know Thy Self Inc.

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.
Ruling: 
Sole proprietorship was not eligible to be a debtor, and automatic stay was annulled.
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