Legal Opinion
In Re Dreske Greenway Trust
United States Bankruptcy Court, E.D. Wisconsin
Decided September 22, 1981No. 19-20195PublishedCited by 13 opinions
1Opinion of the Court
DECISION
D. E. IHLENFELDT, Bankruptcy Judge.
George Dreske, a creditor (hereinafter referred to as Dreske), has moved to dismiss this chapter 11 case on the ground that the court lacks subject matter jurisdiction in that the debtor is a trust which is not eligible to file for relief under the Bankruptcy Code. Its eligibility to file depends upon whether or not it is a “business trust” within the meaning of § 101(8) of the Code. 1 The issue of subject matter jurisdiction may of course be raised at any time. 2 In this case, the motion to dismiss was filed on August 31, 1981, some 5V2 months after…
2Cases cited4 opinions
- In Re Treasure Island Land TrustUnited States Bankruptcy Court, M.D. Florida · 1980
- Matter of CohenUnited States Bankruptcy Court, S.D. Florida. · 1980
- In Re Old Second National Bank of AuroraUnited States Bankruptcy Court, N.D. Illinois · 1980
- In Re Citizens Bank & Trust Co. of Park RidgeUnited States Bankruptcy Court, N.D. Illinois · 1981
3Cited by13 opinions
- Merrill v. Allen (In Re Universal Clearing House Co.)District Court, D. Utah · 1986
- In Re Dolton Lodge Trust No. 35188United States Bankruptcy Court, N.D. Illinois · 1982
- In Re Medallion Realty TrustUnited States Bankruptcy Court, D. Massachusetts · 1989
- Minstar, Inc. v. Plastech Research, Inc. (In Re Arctic Enterprises, Inc.)District Court, D. Minnesota · 1986
- In Re Gonic Realty TrustUnited States Bankruptcy Court, D. New Hampshire · 1985
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