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West v. TD BankNorth (In re Kerr)

West v. TD BankNorth (In re Kerr)

Ruling
Debtors interests in valid and enforceable spendthrift trusts were not property of the estate.
Procedural posture

Plaintiff bankruptcy trustee brought an adversary proceeding against defendant bank, which was the trustee of trusts of which a bankruptcy debtor was a beneficiary, and the trustee asserted that the debtor's interests in the trusts were property of the debtor's bankruptcy estate. The trustee and the bank submitted the matter for decision on stipulated facts.

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Consumer opinion summary, case decided on April 22, 2008 , LexisNexis #0508-102