- 11 U.S.C.
In re Massillon
Mar
10
2010
Ruling
Debtor spouse's distributions from spendthrift trust were not excluded from estate.
Procedural posture
The chapter 7 trustee filed an objection to the debtor wife's claim of exemption as to her interest, valued at approximately $ 62,000, in a testamentary spendthrift trust governed by New York law. At issue was whether 11 U.S.C.S. § 541(c)(2), excluded her rights to distributions from the bankruptcy estate, rendering them exempt under 11 U.S.C.S. § 522(d)(5), whether the exemption was limited.
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Court
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