Legal Opinion
In Re St. Augustine Trust
United States Bankruptcy Court, M.D. Florida
Decided January 10, 1990No. Bankruptcy 89-03249-BKC-6C1PublishedCited by 28 opinions
1Opinion of the Court
FINDINGS OF FACT, CONCLUSIONS OF LAW, AND MEMORANDUM OPINION
C. TIMOTHY CORCORAN, III, Bankruptcy Judge.
This is a Chapter 11 case. The matter under consideration is a motion to dismiss filed by the United States Trustee. The motion was brought pursuant to 11 U.S.C. § 109 and alleges that the debtor, St. Augustine Trust, is a family trust and therefore ineligible for relief under the rehabilitative provisions of Title 11. The debtor contends that it is a business trust and therefore falls within the definition of “a person” as required by 11 U.S.C. § 109 and as defined by 11 U.S.C. §§ 101(35)…
2Cases cited10 opinions
- 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
- In Re Treasure Island Land TrustUnited States Bankruptcy Court, M.D. Florida · 1980
- In Re Gonic Realty TrustUnited States Bankruptcy Court, D. New Hampshire · 1985
5 more not listed; retrieve them via the Exa API.
3Cited by28 opinions
- In Re. General Growth Properties, Inc.United States Bankruptcy Court, S.D. New York · 2009
- In Re Village Green Realty TrustUnited States Bankruptcy Court, D. Massachusetts · 1990
- In Re Woodsville Realty TrustUnited States Bankruptcy Court, D. New Hampshire · 1990
- In Re Secured Equipment Trust Of Eastern Airlines, Inc., DebtorCourt of Appeals for the First Circuit · 1994
- In Re Sung Soo Rim Irrevocable Intervivos TrustUnited States Bankruptcy Court, C.D. California · 1995
23 more not listed; retrieve them via the Exa API.