Lisa Seegers Personal Representative of the Estate

UNITED STATES BANKRUPTCY COURT
FOR THE DISTRICT OF COLUMBIA
In re
LISA SEEGERS PERSONAL
REPRESENTATIVE OF THE ESTATE
OF GREGORY BURROUGHS,
Debtor.
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Case No. 09-00641
(Chapter 13)
Not for Publication in
West’s Bankruptcy Reporter
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
The document below is hereby signed.
Signed: July 30, 2009.
_____________________________
S. Martin Teel, Jr.
United States Bankruptcy Judge
Case 09-00641 Doc 12 Filed 07/30/09 Entered 07/30/09 10:24:25 Desc Main
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2	O:\TEEL\Laura\ORDERS\Dismissal Orders\Deceased Debtors\Order_dismissal_case filed by personal representative of estate_Seegers as PR for Burroughs.wpd
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.
[Signed and dated above.]
Copies to: Debtor; Debtor’s attorney; Chapter 13 Trustee; All
entities on the BNC mailing list.
Case 09-00641 Doc 12 Filed 07/30/09 Entered 07/30/09 10:24:25 Desc Main
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