Legal Opinion
In Re Sung Soo Rim Irrevocable Intervivos Trust
United States Bankruptcy Court, C.D. California
Decided January 18, 1995No. Bankruptcy LA-94-31034-LFPublishedCited by 19 opinions
1Opinion of the Court
OPINION RE DISMISSAL OF CASE UNDER 11 U.S.C. § 109(d)
LISA HILL FENNING, Bankruptcy Judge.
The sole issue before this Court is whether a spendthrift trust qualifies as an eligible debtor under 11 U.S.C. § 109(d). 1 Because the trust in question was not created for business purposes and does not constitute a “business trust” under California law, this Court holds that it is not eligible to file a bankruptcy case. Therefore, dismissal of the debtor’s bankruptcy petition is appropriate.
I. FACTS
In June 1994, the Sung Soo Rim Irrevocable Intervivos Trust (the “Trust”) filed a voluntary petition for…
2Cases cited21 opinions
- Erie Railroad v. TompkinsSupreme Court of the United States · 1938
- Butner v. United StatesSupreme Court of the United States · 1979
- Morrissey v. CommissionerSupreme Court of the United States · 1935
- International Shoe Co. v. PinkusSupreme Court of the United States · 1929
- Hecht v. MalleySupreme Court of the United States · 1924
16 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- 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
- Don Murphy, Lorraine Dille Williams, Robert Nichols Flint Dille, & Team Angry Filmworks, Inc. v. Bernstein (In re Dille Family Trust)United States Bankruptcy Court, W.D. Pennsylvania · 2019
- Portico Management Group, LLC v. HarrisonCalifornia Court of Appeal · 2011
- In Re Gurney's Inn Corp. Liquidating TrustUnited States Bankruptcy Court, E.D. New York · 1997
- Catholic Sch. Emps. Pension Trust v. AbreuBankruptcy Appellate Panel of the First Circuit · 2019
14 more not listed; retrieve them via the Exa API.