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In re Lisa Seegers Pers. Rep. of Est. of Burroughs

United States Bankruptcy Court, D. Columbia
Jul 30, 2009
Case No. 09-00641 (Bankr. D.D.C. Jul. 30, 2009)

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.


Summaries of

In re Lisa Seegers Pers. Rep. of Est. of Burroughs

United States Bankruptcy Court, D. Columbia
Jul 30, 2009
Case No. 09-00641 (Bankr. D.D.C. Jul. 30, 2009)
Case details for

In re Lisa Seegers Pers. Rep. of Est. of Burroughs

Case Details

Full title:In re LISA SEEGERS PERSONAL REPRESENTATIVE OF THE ESTATE OF GREGORY…

Court:United States Bankruptcy Court, D. Columbia

Date published: Jul 30, 2009

Citations

Case No. 09-00641 (Bankr. D.D.C. Jul. 30, 2009)

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