Opinion
CASE NO. 12-70036 - MHM
10-05-2012
In re: DARREN BUCKNER LIVING TRUST, Debtor.
CHAPTER 7
DISMISSAL ORDER
On August 22, 2012, the Darren Buckner Living Trust (the "Trust"), which is proceeding pro se in this case, filed a motion for an extension of time to file Schedules. The Chapter 7 bankruptcy petition was filed August 8, 2012. The date first set for the §341(a) Meeting of Creditors was September 5, 2012, but the meeting was rescheduled to October 3, 2012, because no one appeared on behalf of the Trust. The Trust sought an extension of time to September 6, 2012. As of the date of entry of this order, no Schedules have been filed.
Section 521(a) and Bankruptcy Rule 1007(b) require a debtor to file schedules of assets and liabilities, a schedule of current income and expenditures, a schedule of executory contracts and unexpired leases, and a statement of financial affairs (the "Schedules").
A non-business trust is not eligible to be a debtor under Chapter 7. See 11 U.S.C. §§ 101(9), 101 (41), and 109(b); Shawmut Bank Connecticut v.First Fidelity Bank (In re Secured Equipment Trust of Eastern Air Lines), 38 F. 3d 86 (2d Cir. 1994); Hunt v. TRC Properties, 160 B.R. 131 (9th Cir. BAP 1993); In re Pace Trustee of Pace Irrevocable Trust, 376 B.R. 334 (Bankr. M.D. Fla 2007) (J. Jennemann). Additionally, a trust must be represented in this court by a licensed attorney. Hays v. Hamblen Family Irrevocable Trust (In re Hamblen), 360 B.R. 362 (Bankr. N.D. Ga. 2006) (J. Bihary). Accordingly, it is hereby
ORDERED that the Trust's motion for extension of time to file schedules is denied ;and, because the Trust is not eligible to be a Chapter 7 debtor, this case is dismissed.
The Clerk is directed to serve Debtor, the Chapter 7 Trustee, and all creditors and parties in interest.
IT IS SO ORDERED, this the ___ day of October, 2012.
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MARGARET H. MURPHY
UNITED STATES BANKRUPTCY JUDGE