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IN RE ESTATE OF WHITESIDE BY WHITESIDE

Bankruptcy No. 986-00392-11.

64 B.R. 99 (1986)

In re ESTATE OF Charles WHITESIDE, deceased; By Juanita WHITESIDE, Executrix, dba C & J Builders; dba Y & W Development; dba M & W Construction, Debtor.

United States Bankruptcy Court, E.D. California.

June 6, 1986.

Attorney(s) appearing for the Case

Brett Nesin, Richard Calone, Calone, Roster, Shore & Gilford, Stockton, Cal., for debtor.

Robert L. Litchfield, Jr., Diepenbrock, Wulff, Plant & Hannegan, Sacramento, Cal., for Platt Electric Supply, Inc.

James Baskett, Babitzke & Meleyco, Stockton, Cal., for Union Safe Deposit Bank.

James T. Nuss, Cavalero, Bray, Geiger & Rudquist, Stockton, Cal., for Stockton Savings & Loan.

MEMORANDUM OF DECISION ON MOTION TO DISMISS

J.W. HEDRICK, Jr., Bankruptcy Judge.

A motion to dismiss on the grounds that the debtor is not eligible to be a debtor has been filed. The threshold question is whether an estate of a deceased individual can be a debtor under Chapter 7 or Chapter 11 of the Bankruptcy Code. For the reasons stated herein, we hold that an estate cannot be a debtor under Chapter 7 or Chapter 11. Accordingly, the motion to dismiss is...

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