Legal Opinion
In Re Morgantown Trust No. 1
United States Bankruptcy Court, N.D. West Virginia
Decided June 3, 1993No. Bankruptcy 93-10374PublishedCited by 3 opinions
1Opinion of the Court
MEMORANDUM OPINION AND ORDER. L. EDWARD FRIEND, II, Bankruptcy Judge.
On April 12, 1993, Morgantown Trust No. 1 (“the debtor”) filed its Chapter 11 petition in bankruptcy. During a hearing on a motion for relief from stay, the Court questioned counsel for the debtor regarding the ability of a trust to file a Chapter 11 petition in bankruptcy. Thereafter, the Court ordered counsel for the debtor to submit a memorandum of authorities which addresses the issue of whether a trust may be a debtor eligible for relief in bankrupt cy. The United States Trustee and the trust’s only creditor have also…
2Cases cited28 opinions
- Butner v. United StatesSupreme Court of the United States · 1979
- Morrissey v. CommissionerSupreme Court of the United States · 1935
- Hecht v. MalleySupreme Court of the United States · 1924
- Hecht v. MalleySupreme Court of the United States · 1924
- Merrill v. Allen (In Re Universal Clearing House Co.)District Court, D. Utah · 1986
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3Cited by3 opinions
- Williams v. Equity Holding Corp.District Court, E.D. Virginia · 2007
- Don Murphy, Lorraine Dille Williams, Robert Nichols Flint Dille, & Team Angry Filmworks, Inc. v. Bernstein (In re Dille Family Trust)United States Bankruptcy Court, W.D. Pennsylvania · 2019
- In Re Estate of the Assignment for the Benefit of Creditors of MayUnited States Bankruptcy Court, E.D. Michigan · 2008