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In re §
§
LAWSON FAMILY TRUST § CASE NO. 10-10388-CG
§ Chapter 13
Debtor §
COMES NOW, CHARLES F. MCVAY, United States Trustee for Region 7 (“UST”),
through the undersigned counsel, and files this Motion to Dismiss Case and in support thereof,
1. The Lawson Family Trust (“Trust”) filed a voluntary petition for relief under Chapter 13 of
Title 11, United States Code on February 16, 2010. Deborah B. Langehennig is the duly appointed
and serving trustee in this case. As of this date, the Trust has not filed Schedules of Assets and
Liabilities or its Statement of Financial Affairs. The Trust filed this petition pro se and is not
represented by counsel.
which a case under this title has been commenced.” Bankruptcy Code section 101(41) defines
3. The Trust describes itself as a family trust on its petition. A non-business trust is not eligible to
be a debtor in a case under Title 11. See, e.g. In re Johnson , 82 B.R. 618 (Bkrtcy. S.D. Fla.
1988); In re McCarthy, 312 B.R. 412 (Bkrtcy. D. Nev. 2004); In re Intercorp Intern Ltd., 309 B.R.
686 (Bkrtcy. S.D. N.Y. 2004); In re Hughes Living Trust , 305 B.R. 59 (Bkrtcy. W.D. Okla.
2004).
10-10388-cag Doc#3 Filed 02/23/10 Entered 02/23/10 15:08:22 Main Document Pg 2 of 3
4. Because the Trust is not eligible to be a debtor in a case under Title 11, this case should be
dismissed.
WHEREFORE, PREMISES CONSIDERED, the United States Trustee prays that the Court
dismiss this case and grant such other and further relief to which the United States Trustee may
justly be entitled.
Respectfully submitted,
CHARLES F. MCVAY
UNITED STATES TRUSTEE
CERTIFICATE OF SERVICE
I hereby certify that I forwarded a true and correct copy of the foregoing Motion to Dismiss
to the persons listed below by prepaid first class mail on this the 23rd day of February, 2010.
Trustee:
Deborah B. Langehennig
Barton Creek Plaza II, Ste. 320
3801 Capital of Texas Hwy. S.
Austin, TX 78704
Creditors:
Mallory Law Group
P.O. Box 8858
Jupiter, FL 33468
USAA
P.O. Box 659453
San Antonio, TX 78288
Bank of America
P.O. Box 851001
Dallas, TX 75285-1001
Casey, Citklin et al
515 N. Flager Dr., Ste. 1900
West Palm Beach, FL 33401-4343