In re Kutner

This is a bankruptcy case. The facts are not in dispute and are generally as follows. Originally three debtors, Charles S. Christopher, Jonathan Kutner, and Samuel Marvin Rosenthal filed petitions in bankruptcy in the United States Bankruptcy Court for the Northern District of Texas, Dallas Division, on October 3, 1979, under Chapter 13 of the new Bankruptcy Code (the Code) enacted by Congress on November 6, 1978, as Public Law 95-598, 92 Stat. 2549, 11 U.S.C., effective October 1, 1979.1 This code replaced the Bankruptcy Act (the Act) of 1898. In order to be eligible for relief under Chapter 13, the debtors had to comply with 11 U.S.C. § 109(a) and (e) which provide in pertinent part as follows: § 109. Who may be a debtor (a) Notwithstanding any other provision of this section, only a person that resides in the United States, or has a domicile, a place of business or property in the United States, or a municipality, may be a debtor under this title.