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IN RE BUNCH

Bankruptcy No. 99-5-4703-JS, Adversary No. 99-5475-JS.

249 B.R. 667 (2000)

In re Brian W. BUNCH, Debtor. Brian W. Bunch, Plaintiff, v. Hopkins Savings Bank, et al., Defendants.

United States Bankruptcy Court, D. Maryland.

May 30, 2000.

Attorney(s) appearing for the Case

Brett Weiss, Brett Weiss, P.C., Olney, MD, for debtor.

Ellen W. Cosby, Baltimore, MD, Chapter 13 Trustee.

Alvin M. Lapidus, Baltimore, MD, for trustees.

Robert N. Grossbart, Baltimore, MD, for Hopkins Savings Bank, defendant.

Karen H. Moore, Baltimore, MD, Asst. U.S. Trustee.

MEMORANDUM OPINION DENYING MOTION TO DISMISS

JAMES F. SCHNEIDER, Bankruptcy Judge.

This opinion holds that while a decedent's estate is not eligible to file a Chapter 13 bankruptcy petition because it is not within the definition of an "individual" as set forth in 11 U.S.C. § 109 for purposes of Chapter 13, a debtor who is serving as a personal representative of a decedent's estate is not thereby barred from filing a Chapter 13 petition...

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