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Case v. Hilgers (In re Hilgers)

Case v. Hilgers (In re Hilgers)

Ruling
Debtor's remainder interest in revocable inter vivos spendthirft trusts was property of the estate where the trusts were terminated prepetition.
Procedural posture

Plaintiff bankruptcy trustee sought a declaration that defendant debtor's remainder interests in three revocable inter vivos trusts were assets of the debtor's bankruptcy estate and subject to turnover. Defendant oil company claimed an interest in the debtor's remainder interests as a prepetition judgment creditor. The case was tried by the bankruptcy court.

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opinion summary, case decided on September 25, 2006 , LexisNexis #1006-134