Make It Happen Affordable Homes LLC

E.D. Michigan

Make It Happen Affordable Homes LLC

CourtUnited States Bankruptcy Court, E.D. Michigan

DecidedFebruary 26, 2025

Docket25-41843

StatusUnknown

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Make It Happen Affordable Homes LLC, (Mich. 2025).

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UNITED STATES BANKRUPTCY COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION In re: Case No. 25-41843 MAKE IT HAPPEN AFFORDABLE HOMES LLC, Chapter 11

Judge Thomas J. Tucker Debtor. __________________________________/ ORDER DISMISSING CASE On February 26, 2025, Yvonne Cross, who is not an attorney, signed and filed a voluntary petition for relief under Chapter 11 on behalf of the Debtor. The Debtor’s name indicates that it is a limited liability company, and line 6 of the petition says that the Debtor is a corporation. No attorney signed the bankruptcy petition. The bankruptcy petition was not validly filed. A corporate officer or other individual other than an attorney may not represent a corporation in a federal court. “[A] corporation cannot appear otherwise than through an attorney.” United States v. 9.19 Acres of Land, 416 F.2d 1244, 1245 (6th Cir. 1969). And a corporation may not file a bankruptcy petition except through an attorney. See In re Dick Tracy Insurance Agency, Inc., 204 B.R. 39, 39 (Bankr. W.D. Mo. 1997) (“There is no dispute that a corporation must be represented by counsel in a bankruptcy proceeding and may not file a petition pro se.”) Although a “[limited liability company] is ‘a hybrid form of business organization that combines the corporate characteristics of limited liability for its owners with the . . . taxation and operating flexibility of a partnership[,]’ . . . an LLC should be governed (at least on [the issue of whether “‘it may appear in the federal courts only through licensed counsel’”]) by the same rule that applies to both corporations and partnerships.” Kipp v. Royal & Sun Alliance Personal Ins. Co., 209 F. Supp. 2d 962, 962-63 (E.D. Wis. 2002). Therefore, an LLC “may only appear in court through counsel.” /d. Because no valid bankruptcy petition was filed, this bankruptcy case must be dismissed. Accordingly, IT IS ORDERED that this case is dismissed.

Signed on February 26, 2025 = ki DO, /s/ Thomas J. Tucker 3 = Thomas J. Tucker ia Ky United States Bankruptcy Judge

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UNITED STATES BANKRUPTCY COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION In re: Case No. 25-41843 MAKE IT HAPPEN AFFORDABLE HOMES LLC, Chapter 11

Judge Thomas J. Tucker Debtor. __________________________________/ ORDER DISMISSING CASE On February 26, 2025, Yvonne Cross, who is not an attorney, signed and filed a voluntary petition for relief under Chapter 11 on behalf of the Debtor. The Debtor’s name indicates that it is a limited liability company, and line 6 of the petition says that the Debtor is a corporation. No attorney signed the bankruptcy petition. The bankruptcy petition was not validly filed. A corporate officer or other individual other than an attorney may not represent a corporation in a federal court. “[A] corporation cannot appear otherwise than through an attorney.” United States v. 9.19 Acres of Land, 416 F.2d 1244, 1245 (6th Cir. 1969). And a corporation may not file a bankruptcy petition except through an attorney. See In re Dick Tracy Insurance Agency, Inc., 204 B.R. 39, 39 (Bankr. W.D. Mo. 1997) (“There is no dispute that a corporation must be represented by counsel in a bankruptcy proceeding and may not file a petition pro se.”) Although a “[limited liability company] is ‘a hybrid form of business organization that combines the corporate characteristics of limited liability for its owners with the . . . taxation and operating flexibility of a partnership[,]’ . . . an LLC should be governed (at least on [the issue of whether “‘it may appear in the federal courts only through licensed counsel’”]) by the same rule that applies to both corporations and partnerships.” Kipp v. Royal & Sun Alliance Personal Ins. Co., 209 F. Supp. 2d 962, 962-63 (E.D. Wis. 2002). Therefore, an LLC “may only appear in court through counsel.” /d. Because no valid bankruptcy petition was filed, this bankruptcy case must be dismissed. Accordingly, IT IS ORDERED that this case is dismissed.

Signed on February 26, 2025 = ki DO, /s/ Thomas J. Tucker 3 = Thomas J. Tucker ia Ky United States Bankruptcy Judge

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