Legal Opinion

Catholic Sch. Emps. Pension Trust v. Abreu

Bankruptcy Appellate Panel of the First Circuit

Decided April 18, 2019No. BAP NO. PR 18-011; Bankruptcy Case No. 18-00108-ESLPublishedCited by 5 opinions

1Opinion of the Court

Feeney, Chief U.S. Bankruptcy Appellate Panel Judge.

Catholic School Employees Pension Trust (the "Pension Trust" or the "Trust") appeals from the bankruptcy court's Opinion and Order (the "Dismissal Order"), dated March 13, 2018, dismissing the Pension Trust's chapter 11 case. In dismissing the case, the bankruptcy court ruled that the Pension Trust was not a "person" eligible to be a debtor under 11 U.S.C. § 109 because it was not a "business trust" under § 101(9)(A)(v).1 For the reasons set forth below, we AFFIRM the Dismissal Order.

INTRODUCTION

The Pension Trust administered and managed the…

2Cases cited59 opinions

  1. Field v. MansSupreme Court of the United States · 1995
  2. Morrissey v. CommissionerSupreme Court of the United States · 1935
  3. Bullard v. Blue Hills BankSupreme Court of the United States · 2015
  4. Hecht v. MalleySupreme Court of the United States · 1924
  5. Fleet Data Processing Corp. v. Branch (In Re Bank of New England Corp.)Bankruptcy Appellate Panel of the First Circuit · 1998

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3Cited by5 opinions

  1. EHT US1, Inc.United States Bankruptcy Court, D. Delaware · 2021
  2. In re: Whitehall Trust, et. al.United States Bankruptcy Court, E.D. Pennsylvania · 2026
  3. Palsata TrustUnited States Bankruptcy Court, E.D. Virginia · 2021
  4. Palsata Trust v. Wilmington Trust, National AssociationDistrict Court, E.D. Virginia · 2022
  5. Two Rivers Irrevocable TrustUnited States Bankruptcy Court, M.D. Georgia · 2023

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