Legal Opinion
In Re Estate of Whiteside by Whiteside
United States Bankruptcy Court, E.D. California
Decided June 6, 1986No. 19-10349PublishedCited by 8 opinions
1Opinion of the Court
MEMORANDUM- OF DECISION ON MOTION TO DISMISS
J.W. HEDRICK, Jr., Bankruptcy Judge.
A motion to dismiss on the grounds that the debtor is not eligible to be a debtor has been filed. The threshold question is whether an estate of a deceased individual can be a debtor under Chapter 7 or Chapter 11 of the Bankruptcy Code. For the reasons stated herein, we hold that an estate cannot be a debtor under Chapter 7 or Chapter 11. Accordingly, the motion to dismiss is granted.
The relevant facts are as follows: 1
A voluntary petition for relief under Chapter 11 of the Bankruptcy Code was filed by the debtor…
2Cases cited4 opinions
- In Re Tru Block Concrete Products, Inc.United States Bankruptcy Court, S.D. California · 1983
- Matter of JarrettUnited States Bankruptcy Court, M.D. North Carolina · 1982
- In re Estate of Brown ex rel. BrownDistrict Court, District of Columbia · 1981
- In re the Estate of HillerDistrict Court, N.D. California · 1965
3Cited by8 opinions
- In Re Klaus Hubert Goerg, Debtor. Klaus Hubert Goerg v. Edgardo L. ParungaoCourt of Appeals for the Eleventh Circuit · 1988
- In Re WaltersUnited States Bankruptcy Court, D. South Dakota · 1990
- Bunch v. Hopkins Savings Bank (In Re Bunch)United States Bankruptcy Court, D. Maryland · 2000
- In Re KingUnited States Bankruptcy Court, D. New Mexico · 1999
- Havelock v. Taxel (In Re Pace)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1993
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