Legal Opinion
Bunch v. Hopkins Savings Bank (In Re Bunch)
United States Bankruptcy Court, D. Maryland
Decided May 30, 2000No. 19-12717PublishedCited by 6 opinions
1Opinion of the Court
MEMORANDUM OPINION DENYING MOTION TO DISMISS
JAMES F. SCHNEIDER, Bankruptcy Judge.
This opinion holds that while a decedent’s estate is not eligible to file a Chapter 13 bankruptcy petition because it is not within the definition of an “individual” as set forth in 11 U.S.C. § 109 for purposes of Chapter 13, a debtor who is serving as a personal representative of a decedent’s estate is not thereby barred from filing a Chapter 13 petition in his individual capacity, if otherwise eligible. The instant complaint filed by a Chapter 13 debtor against a mortgagee who sold at foreclosure the debtor’s…
2Cases cited18 opinions
- Conley v. GibsonSupreme Court of the United States · 1957
- Butner v. United StatesSupreme Court of the United States · 1979
- Jenkins v. McKeithenSupreme Court of the United States · 1969
- In Re Crysen/montenay Energy Co., Debtor. Crysen/montenay Energy Co. v. Esselen Associates, Inc.Court of Appeals for the Second Circuit · 1990
- Susan Labram Bart Labram v. James HavelCourt of Appeals for the Fourth Circuit · 1995
13 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- In re ShepherdUnited States Bankruptcy Court, N.D. Indiana · 2013
- Lekas v. Mann (In Re Lekas)United States Bankruptcy Court, D. Arizona · 2003
- Warfield v. Frank-Hill (In re Frank-Hill)United States Bankruptcy Court, D. Arizona · 2003
- Dan LaVell MeadowsUnited States Bankruptcy Court, D. Utah · 2020
- Dwain W. Tate - Adversary ProceedingUnited States Bankruptcy Court, District of Columbia · 2019
1 more not listed; retrieve them via the Exa API.