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I.

BACKGROUND

1.

The Roanoke Authority is incorporated as a health care authority pursuant to Ala.

Code § 22-21-311 et seq. The Roanoke Authority is a political subdivision of the State of Alabama pursuant to Ala. Code § 22-21-318(c)(2) and numerous court opinions. 2.

On April 4th 2011, the Roanoke Authority filed its petition for relief under

Chapter 11 of the Bankruptcy Code. 3.

Regions is a creditor of the Roanoke Authority and a party in interest pursuant to

that certain indenture between the Roanoke Health Care Authority and Regions Bank dated as of April 9, 2008 (the "Indenture"). The Indenture was approved by Resolution of the Randolph County Commission on February 11, 2008, and separately by the Board of Directors of the Roanoke Authority. 4.

The court has jurisdiction over this Motion pursuant to 28 U.S.C. §§ 157 and

1334. This is a core proceeding pursuant to 28 U.S.C § 157. II.

LEGAL STANDARDS

On April 4, 2011, the Roanoke Authority filed for relief under Chapter 11 of the Bankruptcy Code. Eligibility to file for bankruptcy relief under Title 11 of the United States Code (the "Bankruptcy Code") is governed by § 109 of the Bankruptcy Code. Section 109 of the Bankruptcy Code provides individual requirements for eligibility for relief under Chapter 11 (109(d)), which is derivative of the requirements of Chapter 7 (109(b)), which is in turn dependent on the definition of person contained in § 101(41), governmental unit in § 101(27) and municipality in § 101(40). A. Statutory Interpretation of Chapter 11 Eligibility Section 109(d) provides in relevant part that only a person who may be a debtor under Chapter 7 of this title may be a debtor under Chapter 11 of this title. Section 109(b) provides -2B MAM01 971291 v2 1039340-000093 05/05/20111

Case 11-80502

Doc 52

Filed 05/06/11 Entered 05/06/11 12:27:00 Document Page 2 of 10

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Roanoke Bankruptcy Dismissal  

Roanoke Bankruptcy Dismissal papers

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