Thus, while there is no binding precedent, this Court looks to a recent case in which the United States Bankruptcy Court for the District of Colorado establishes the legal meaning of "business trust." See In re Quadruple D Trust, 639 B.R. 204 (Bankr. D. Colo. 2022).
V. Legal Analysis. The Court relies upon and incorporates verbatim many passages from its recent decision on the same legal topic of trust eligibility for bankruptcy protection: In re Quadruple D Trust, 639 B.R. 204 (Bankr. D. Colo. 2022). For example, Section A "Statutory Framework for Bankruptcy Eligibility," Section B "The Meaning of the Statutory Term: 'Business Trust,'" Section C "Bankruptcy Caselaw Construing the Term 'Business Trust,'" and Section D "Legislative History Concerning the Term 'Business Trust'" (and most subparts) primarily restate the text of Quadruple D Trust, 639 B.R. 204 in respect of the applicable legal standards.
See, e.g., In re Arcade Pub. Inc., 455 B.R. 373, 382 n. 11 (Bankr. S.D.N.Y. 2011) ("Bankruptcy schedules, executed under penalty of perjury, when offered against a debtor are eligible for treatment as judicial admissions."); In re Henderson, 560 B.R. 365, 371 (Bankr. D. N.M. 2016) (finding an omission from the schedules constitutes and admission"); In reQuadruple D Trust, 639 B.R. 204, 211 n. 30 (Bankr. D. Colo. 2022) ("A debtor may not adopt a cavalier attitude toward the accuracy of his schedules by arguing that they are not precise and correct") (quoting In re Bohrer, 266 B.R. 200, 201 (Bankr. N.D. Cal. 2001). These documents are attested to under penalty of perjury.
Moreover, even the little extant case law analyzing Rodriguez analogous to this case clearly distinguishes between common lawmaking, like the Bob Richards Rule, and actual statutory interpretation. See In re Quadruple D Trust, 639 B.R. 204, 214-19 (Bankr. D. Colo. 2022). Quadruple Trust concerned whether a Colorado spendthrift trust constituted a "business trust" under the Bankruptcy Code for bankruptcy eligibility purposes. Id. at 206-07.
And, the Court's objective its [sic] not to try and guess what hundreds of legislators might have meant but merely to construe the text they actually enacted." In re Quadruple D Trust , 639 B.R. 204, 234 (Bankr. D. Colo. 2022). See alsoJeroski v. Fed. Mine Safety & Health Rev. Comm'n , 697 F.3d 651, 655 (7th Cir. 2012) ("[R]eliance on legislative history, even on committee reports as distinct from stray comments by individual legislators, can be unrealistic too.