Legal Opinion
In Re Gurney's Inn Corp. Liquidating Trust
United States Bankruptcy Court, E.D. New York
Decided December 1, 1997No. 1-16-40677PublishedCited by 6 opinions
1Opinion of the Court
DECISION
(Motion to Dismiss )
MELANIE L. CYGANOWSKI, Bankruptcy Judge.
Before the Court is the motion by HAC 1, Inc. (“HAC”) to dismiss the voluntary petition filed by Gurney’s Inn Corp. Liquidating Trust (“Gurney’s Trust”) on June 23, 1997 "on the ground that the Court lacks jurisdiction because Gurney’s Trust is not eligible for relief under chapter 11 since it is not a “business trust.” The sole issue is whether the. Debtor is a business trust. If it is, it is eligible for relief under chapter 11. If not, then this Court lacks subject matter jurisdiction and the case must be dismissed. North…
2Cases cited21 opinions
- Insurance Corp. of Ireland v. Compagnie Des Bauxites De GuineeSupreme Court of the United States · 1982
- Morrissey v. CommissionerSupreme Court of the United States · 1935
- In Re Treasure Island Land TrustUnited States Bankruptcy Court, M.D. Florida · 1980
- In Re Medallion Realty TrustUnited States Bankruptcy Court, D. Massachusetts · 1989
- In Re Gonic Realty TrustUnited States Bankruptcy Court, D. New Hampshire · 1985
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3Cited by6 opinions
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- In Re Estate of the Assignment for the Benefit of Creditors of MayUnited States Bankruptcy Court, E.D. Michigan · 2008
- In re: Capital Equity Land Trust No. 2140215United States Bankruptcy Court, N.D. Illinois · 2022
- In re: Capital Equity Land Trust No. 2140215United States Bankruptcy Court, N.D. Illinois · 2022
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