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IN THE UNITED STATES BANKRUPTCY COURT
FOR THE WESTERN DISTRICT OF TEXAS
AUSTIN DIVISION
IN RE: ''
LAWSON FAMILY TRUST ' CASE NO. 10-10388-CAG'
' Chapter 13
Debtor. '
ORDER TO SHOW CAUSE
WHY CASE SHOULD NOT BE DISMISSED
On February 16, 2010, the Debtor filed the above-styled and
numbered case under Chapter
13. According to 11 U.S.C. 109, only a person can be a debtor
under title 11. Section 101(41)
broadens the term person to includes a partnership or
corporation. Although section 101(9)
defines corporation to include a business trust, the Debtor in
this case appears to be a family
trust. In a prior case, this Court found that a family trust is
not eligible be a debtor under the
Bankruptcy Code. SeeIn re Kenneth G. and Karen Jo Martin
Revocable Living Trust, Case No.
09-12448.Thus, the Court finds that the Debtor should appear and
show cause why the case should
not be dismissed because the Debtor is ineligible to be a
Debtor.
IT IS, THEREFORE, ORDERED that the Debtor appear at a hearing on
April 6, 2010 at
IT IS HEREBY ADJUDGED and DECREED that thebelow described is SO
ORDERED.
Dated: February 22,
2010________________________________________
CRAIG A. GARGOTTAUNITED STATES BANKRUPTCY JUDGE
____________________________________________________________
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9:01 a.m. at the United States Bankruptcy Court, Courtroom No.
1, Third Floor, 903 San Jacinto
Blvd., Austin, Texas, and show cause why this case should not be
dismissed.
IT IS FURTHER ORDERED that the Clerk of the Court shall
immediately cause a copy of
this order to be served on the Debtor and notice of the entry of
this order and of the hearing to be
served on all other parties in interest in this case.
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