- 11 U.S.C.
Case v. Hilgers (In re Hilgers)
Jul
10
2007
Ruling
Remainder interests in spendthrift trusts that terminated prior to petition date were property of the estate.
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 chapter 7 bankruptcy estate and subject to turnover. The Bankruptcy Court for the District of Kansas ordered the debtor and his brother to transfer the debtor's remainder interests in all three trusts to the bankruptcy trustee. The debtor appealed.
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