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IN RE DRESKE GREENWAY TRUST

Bankruptcy No. 81-00707.

14 B.R. 618 (1981)

In re DRESKE GREENWAY TRUST, Debtor.

United States Bankruptcy Court, E.D. Wisconsin.

September 22, 1981.

Attorney(s) appearing for the Case

F. M. Van Hecke, Milwaukee, Wis., for movant.

Jack U. Shlimovitz, Ludwig & Shlimovitz, S.C., Ronald J. Jaskolski, Milwaukee, Wis., for the debtor, Dreske Greenway Trust.

Harold J. Sanville, Elm Grove, Wis., for Frank and Charlotte Latina.

DECISION

D.E. IHLENFELDT, Bankruptcy Judge.

George Dreske, a creditor (hereinafter referred to as Dreske), has moved to dismiss this chapter 11 case on the ground that the court lacks subject matter jurisdiction in that the debtor is a trust which is not eligible to file for relief under the Bankruptcy Code. Its eligibility to file depends upon whether or not it is a "business trust" within the meaning of § 101(8) of the Code.1

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