Business and financial newsgroups
estate bankruptcyby FRANCIS MCMASTER on 2007-01-05 23:20:07 I am the executor of my mothers estate, can I file for the estate?estate bankruptcyby HGOLDSTE@MPCS.COM (HOWARD GOLDSTEIN) on 2007-01-06 15:02:18 On Fri, 05 Jan 2007 23:20:07 GMT, FRANCIS MCMASTER wrote:: I am the executor of my mothers estate, can I file for the estate? What an interesting question. I don't think you can under US law since an estate is not a s101 "person". Why would you want to? estate bankruptcyby WANNANO@ITDEPENDS.ORG on 2007-01-08 15:31:18 "FRANCIS MCMASTER" wrote:> I am the executor of my mothers > estate, can I file for the estate? 11 U.S.C. § 101 In this title - * * (15) "entity" includes person, estate, trust, governmental unit, and United States trustee; 11 U.S.C. § 301 A voluntary case under a chapter of this title is commenced by the filing with the bankruptcy court of a petition under such chapter by an entity that may be a debtor under such chapter. > estate bankruptcyby HGOLDSTE@MPCS.COM (HOWARD GOLDSTEIN) on 2007-01-09 00:09:19 On Mon, 08 Jan 2007 15:31:18 GMT, wannano@itdepends.org wrote:: (15) "entity" includes person, estate, trust, : governmental unit, and United States trustee; Nuh uh, you actually meant to look at 101(41) estate bankruptcyby WANNANO@ITDEPENDS.ORG on 2007-01-09 01:52:54 hgoldste@mpcs.com (Howard Goldstein) wrote:>wannano@itdepends.org wrote: > > : (15) "entity" includes person, estate, trust, > : governmental unit, and United States trustee; > > Nuh uh, you actually meant to look at 101(41) I did. Before I posted the comments below.* Re. which you will note that 11 U.S.C. § 101(41) does not say that a trust or (testamentary) estate is an "entity" that may not be a debtor that may petition for bankruptcy relief under an chapter of Title 11 that applies. However, and as you and, I believe, others may have noted, do we know why the OP wants to petition on behalf of a testamentary "estate" as such (i.e., as an entity) and so we related cannot know whether his question is or is not moot in any (would be case), since there may or may not be other bases for the OP to petition for bankruptcy relief. ____________________ * "FRANCIS MCMASTER" wrote: > I am the executor of my mothers > estate, can I file for the estate? 11 U.S.C. § 101 In this title - * * (15) "entity" includes person, estate, trust, governmental unit, and United States trustee; 11 U.S.C. § 301 A voluntary case under a chapter of this title is commenced by the filing with the bankruptcy court of a petition under such chapter by an entity that may be a debtor under such chapter. > estate bankruptcyby HGOLDSTE@MPCS.COM (HOWARD GOLDSTEIN) on 2007-01-09 14:19:04 On Tue, 09 Jan 2007 01:52:54 GMT, wannano@itdepends.org wrote:: hgoldste@mpcs.com (Howard Goldstein) wrote: : > Nuh uh, you actually meant to look at 101(41) : : I did. Before I posted the comments below.* Re. which you will : note that 11 U.S.C. § 101(41) does not say that a trust or : (testamentary) estate is an "entity" that may not be a debtor that may : petition for bankruptcy relief under an chapter of Title 11 that : applies. Not clear on the need to dwell on the "entities" term, how does being an entity help? Don't all roads start at s109?
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