- 11 U.S.C.
Branch Bank & Trust Co. v. DelFosse (In re DelFosse)
Dec
09
2010
Ruling
Real estate held by revocable living trust of which debtor was a trustor and primary beneficiary was property of the estate.
Procedural posture
Plaintiff bank filed a complaint and defendant debtors answered the complaint. At issue was whether a certain parcel of real estate was property of the estate under 11 U.S.C.S. § 541(a)(1). The debtors created a living trust. One debtor was the primary beneficiary. Acting as trustee for the trust, the debtors acquired fee simple legal title to the property pursuant to a deed from a Virginia general partnership (Trust Deed-In).
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Court
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