Legal Opinion

Shubert v. Sanders (In Re Sanders)

United States Bankruptcy Court, E.D. Pennsylvania

Decided September 14, 1988No. 19-10430PublishedCited by 6 opinions

1Opinion of the Court

OPINION

DAVID A. SCHOLL, Bankruptcy Judge.

This most unusual Chapter 7 bankruptcy filing and an adversary proceeding filed therein by the Trustee causes us to explore the issue of who the intended debtor in this case is and whether the intended debtor can in fact be a debtor in the configuration which he has chosen. We conclude, in light of the Debtor’s explanatory Brief in this adversary proceeding, that the intended debtor is not the individual designated in the caption as “Trustee” of a church, but the church itself. We also conclude that this case can be properly maintained for the church…

2Cases cited22 opinions

  1. Ray v. NorseworthySupreme Court of the United States · 1875
  2. In Re Bible Deliverance Evangelistic ChurchUnited States Bankruptcy Court, E.D. Pennsylvania · 1984
  3. In Re Stanley Engineering CorporationCourt of Appeals for the Third Circuit · 1947
  4. In Re Shaffer Furniture Co.United States Bankruptcy Court, E.D. Pennsylvania · 1987
  5. In Re Gonic Realty TrustUnited States Bankruptcy Court, D. New Hampshire · 1985

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3Cited by6 opinions

  1. In Re JoobeenDistrict Court, E.D. Pennsylvania · 2008
  2. Hunt v. TRC Properties, Inc. (In Re Hunt)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1993
  3. In Re CavalieriUnited States Bankruptcy Court, E.D. Pennsylvania · 1992
  4. In Re Miracle Church of God in ChristUnited States Bankruptcy Court, M.D. Florida · 1990
  5. Evans v. Union Mortgage Co. (In Re Evans)United States Bankruptcy Court, E.D. Pennsylvania · 1990

1 more not listed; retrieve them via the Exa API.

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