Opinion
Case No. 09-00641.
July 30, 2009
MEMORANDUM DECISION AND ORDER OF DISMISSAL
Lisa Seegers has filed a bankruptcy case in her capacity as personal representative of the Estate of Gregory Burroughs. It is, however, "well-settled that a probate estate may not commence a bankruptcy case on behalf of a decedent under either Chapter 7 or Chapter 13 because . . . an estate is not included in the definition of person under § 109(b) for chapter 7 purposes or in the definition of `individual' under § 109(e), which is included in the definition of `person' under § 101(41), for Chapter 13 purposes. In re Perkins, 381 B.R. 530, 533 n. 4 (Bankr. S.D. Ill. 2007). See also In re Estate of Roberts, 2005 WL 3108224 *1 (Bankr. D. Md. Aug. 15, 2005) ("A decedent's estate, even when represented by a[n] individual fiduciary, is not a person that may be a debtor under the Bankruptcy Code."). It thus appearing that the purported debtor is not eligible to be a debtor under Chapter 13 of the Bankruptcy Code, it is
ORDERED that the above-captioned case is DISMISSED.
The document below is hereby signed.