In Re Parade Realty, Inc., Emp. Ret. Pension Trust
United States Bankruptcy Court, D. Hawaii
1Opinion of the Court
FINDINGS OF FACT AND CONCLUSIONS OF LAW RE: MOTION TO DISMISS
JON J. CHINEN, Bankruptcy Judge.
This case is before the court on a motion to dismiss the debtor’s chapter 11 petition on the ground that the petitioning trust is not a “person” qualified to be a debtor under the federal Bankruptcy code. The motion for dismissal was filed by GECC Financial Corporation (“GECC”) on September 18, 1991. The debtor trust contends that it is a business trust, and thus eligible for the protections of the bankruptcy code.
A hearing was held on October 18, 1991, at which hearing John Chanin, Esq. and James…
2Cases cited14 opinions
- Morrissey v. CommissionerSupreme Court of the United States · 1935
- In Re Medallion Realty TrustUnited States Bankruptcy Court, D. Massachusetts · 1989
- Pope & Cottle Co. v. Fairbanks Realty TrustCourt of Appeals for the First Circuit · 1941
- In Re Gonic Realty TrustUnited States Bankruptcy Court, D. New Hampshire · 1985
- In Re St. Augustine TrustUnited States Bankruptcy Court, M.D. Florida · 1990
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3Cited by10 opinions
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- In Re McCarthyUnited States Bankruptcy Court, D. Nevada · 2004
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- In re Catholic Sch. Emps. Pension TrustUnited States Bankruptcy Court, D. Puerto Rico · 2018
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