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In re Weiser

In re Weiser

Ruling
Distribution from inter vivos spendthrift trust was not property of the estate.
Procedural posture

The Chapter 7 trustee sought turnover of any distribution to which the debtor was entitled under a trust. The trustee argued that the anticipated distribution was a "bequest, device or inheritance" under 11 U.S.C.S. § 541(a)(5)(A) and thus was property of the estate.

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Consumer opinion summary, case decided on April 29, 2011 , LexisNexis #0511-121