Legal Opinion

In re Jin Suk Kim Trust

United States Bankruptcy Court, D. Maryland

Decided August 8, 2011No. 11-14033-TJCPublishedCited by 9 opinions

1Opinion of the Court

MEMORANDUM OF DECISION

THOMAS J. CATLIOTA, Bankruptcy Judge.

La Union Center LLC (the “Movant”) seeks dismissal of this Chapter 11 case claiming that debtor Jin Suk Kim Trust (the “Debtor”) is not eligible to file a bankruptcy petition because it is not a “business trust.” The Debtor opposes the dismissal motion. For the reasons set forth herein, the Court concludes that the Debt- or is a “business trust” as that term is *699used in 11 U.S.C. § 101(9)(A)(v) and therefore will deny the motion to dismiss.

FINDINGS OF FACT

On or about January 1, 1993, Jin Heang Chung executed the Irrevocable Trust…

2Cases cited4 opinions

  1. In Re Kenneth Allen Knight Trust, Debtor. Angela Lynn Brady-Morris Denise Michele Brady v. J. Baxter Schilling, TrusteeCourt of Appeals for the Sixth Circuit · 2002
  2. Matter of ArehartUnited States Bankruptcy Court, M.D. Florida · 1985
  3. In Re Secured Equipment Trust Of Eastern Airlines, Inc., DebtorCourt of Appeals for the First Circuit · 1994
  4. Marin v. Midland Loan ServicesCourt of Appeals for the Second Circuit · 2004

3Cited by9 opinions

  1. In re Blanche Zwerdling Revocable Living TrustUnited States Bankruptcy Court, D. New Jersey · 2015
  2. Catholic Sch. Emps. Pension Trust v. AbreuBankruptcy Appellate Panel of the First Circuit · 2019
  3. In re John Q. Hammons Fall 2006, LLCUnited States Bankruptcy Court, D. Kansas · 2017
  4. 2002 John C. Erickson GST TrustUnited States Bankruptcy Court, D. Maryland · 2021
  5. 2002 Nancy A. Erickson GST TrustUnited States Bankruptcy Court, D. Maryland · 2021

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