Legal Opinion

In re Estate of Brown ex rel. Brown

District Court, District of Columbia

Decided December 22, 1981No. Bankruptcy No. 81-00699PublishedCited by 14 opinions

1Opinion of the Court

MEMORANDUM OPINION

ROGER M. WHELAN, Bankruptcy Judge.

The petition filed herein by the debtor, Estate of Joseph L. Brown, and the order for relief automatically entered by operation of law pursuant to Section 301 of the Bankruptcy Code, is vacated on this date by the Court based upon the fact that the petition was filed by “a person” who was not eligible for relief under the Bankruptcy Code. 11 U.S.C. § 109(d) expressly states:

“Only a person that may be a debtor under Chapter 7 of this Title . .. may be a debtor under Chapter 11 of this Title.”

11 U.S.C. § 101(30) defines “a person” to mean a “.…

2Cases cited2 opinions

In re FackelmanDistrict Court, S.D. California · 1918
In re the Estate of HillerDistrict Court, N.D. California · 1965

3Cited by14 opinions

In Re Klaus Hubert Goerg, Debtor. Klaus Hubert Goerg v. Edgardo L. ParungaoCourt of Appeals for the Eleventh Circuit · 1988
Matter of 299 Jack-Hemp AssociatesUnited States Bankruptcy Court, S.D. New York · 1982
Matter of JarrettUnited States Bankruptcy Court, M.D. North Carolina · 1982
In Re GridleyUnited States Bankruptcy Court, D. South Dakota · 1991
In Re Jephunneh Lawrence & Associates CharteredDistrict Court, District of Columbia · 1986

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