In re Estate of Robinson

Full title: In re ESTATE OF MILDRED G. ROBINSON, (Chapter 13) Debtor

Court: United States Bankruptcy Court, D. Columbia

Date published: Mar 25, 2009

Case No. 09-00234 (Bankr. D.D.C. Mar. 25, 2009)

Opinion

Case No. 09-00234.

March 25, 2009

MEMORANDUM DECISION DISMISSING CASE SUA SPONTE

S. TEEL JR., Bankruptcy Judge

A decedent's probate estate is not "an individual with regular income" as set forth in 11 U.S.C. § 109(e) and is therefore not eligible for relief under chapter 13 of the Bankruptcy Code. See 11 U.S.C. § 109(e); Bunch v. Hopkins Savings Bank (In re Bunch), 249 B.R. 667, 668, 671 (Bankr. D. Md. 2000) (holding that a decedent's estate is not an individual eligible to file for relief under chapter 13); In re Jarrett, 19 B.R. 413, 414 (Bankr. M.D.N.C. 1982) (holding that deceased's probate estate is not an `individual with regular income' as defined at 11 U.S.C. § 101(30), and is therefore not eligible for relief under chapter 13). For this reason, the above-captioned case will be dismissed. The court's order follows.

The document below is hereby signed.