From the Editor – Property of Estate and Exemptions

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By The Honorable William Houston Brown (Retired)

Spendthrift trust was invalid under state law. Analyzing § 541(c)(2), the Chapter 7 debtor’s interest in a spendthrift trust was property of the estate and could be administered by the trustee. The provisions of the trust were found to be unenforceable as a violation of public policy under Michigan law. Kohut v. Lewiston Living Trust (In re Lewiston), B.R., 2015 WL 3894609 (Bankr. E.D. Mich. June 24, 2015).

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The Honorable William Houston Brown retired in 2006 as a United States Bankruptcy Judge . . .

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