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Hoff v. McConnell (In re Hoff)

Hoff v. McConnell (In re Hoff)

Ruling
Case remanded for determination of amount debtor could withdraw from trust on petition date to allow recovery of that amount for the estate.
Procedural posture

Debtor, the beneficiary of a trust, filed for bankruptcy protection. Appellee bankruptcy trustee sought to bring funds of the trust into the bankruptcy estate, free of trust. The bankruptcy court ruled that debtor could not make a withdrawal from the trust because his mother, a settlor, was still living. The U.S. District Court for the Western District of Texas reversed. Debtor and his mother appealed.

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Court :
Judge or Jurisdiction information not available
Consumer opinion summary, case decided on June 15, 2011 , LexisNexis #0711-034