Union Planters National Bank v. Hunters Horn Associates (In Re Hunters Horn Associates)

MEMORANDUM

KEITH M. LUNDIN, Bankruptcy Judge.

The question presented is whether the general partner of a Tennessee partnership has authority to file a voluntary Chapter 11 petition for the partnership if the general partner is a debtor in an individual Chapter 7 case. The general partner was without authority to commence this voluntary Chapter 11 case. The following are findings of fact and conclusions of law. Fed. R.Bankr.P. 7052.

I

Hunters Horn Associates (“Hunters Horn”) is a Tennessee general partnership consisting of two general partners, Gary L. Sisco (“Sisco”) and the estate of David…