Estate Mildred G Robinson

UNITED STATES BANKRUPTCY COURT
FOR THE DISTRICT OF COLUMBIA
In re
ESTATE OF MILDRED G.
ROBINSON,
Debtor.
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Case No. 09-00234
(Chapter 13)
Not for Publication in
West’s Bankruptcy Reporter
MEMORANDUM DECISION DISMISSING CASE SUA SPONTE
A decedent’s probate estate is not “an individual with
regular income” as set forth in 11 U.S.C. § 109(e) and is
therefore not eligible for relief under chapter 13 of the
Bankruptcy Code. 	See 11 U.S.C. § 109(e); Bunch v. Hopkins
Savings Bank (In re Bunch), 249 B.R. 667, 668, 671 (Bankr. D. Md.
2000)(holding that a decedent’s estate is not an individual
eligible to file for relief under chapter 13); In re Jarrett, 19
B.R. 413, 414 (Bankr. M.D.N.C. 1982) (holding that deceased’s
probate estate is not an ‘individual with regular income’ as
defined at 11 U.S.C. § 101(30), and is therefore not eligible for
relief under chapter 13). 	For this reason, the above-captioned
case will be dismissed. 	The court’s order follows.
[Signed and dated above.]
The document below is hereby signed.
Signed: March 25, 2009.
_____________________________
S. Martin Teel, Jr.
United States Bankruptcy Judge
Case 09-00234 Doc 10 Filed 03/26/09 Entered 03/26/09 10:29:29 Desc Main
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O:\TEEL\Alex\Decision Dismissing Estate of Mildred Robinson Sua Sponte.wpd
Copies to: Debtor; Debtor’s attorney; Chapter 13 Trustee
Case 09-00234 Doc 10 Filed 03/26/09 Entered 03/26/09 10:29:29 Desc Main
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