The NACTT Academy offers a comprehensive community for bankruptcy professionals seeking to advance their education in consumer bankruptcy.
ConsiderChapter13.org offers a forum to advance continuing education of consumer bankruptcy via access to insightful articles, informative webinars, and the latest industry news. Join now to benefit from expert resources and stay informed.
These informative sessions are led by industry experts and cover a range of consumer bankruptcy topics.
Written by industry experts, these articles provide in-depth analysis and practical guidance on consumer bankruptcy topics.
The Academy is the go-to source for the latest news and analysis in the Chapter 13 bankruptcy industry.
From the Editor – Property of Estate and Exemptions
Print This Article
Link to Post:
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).
________________________________
The Honorable William Houston Brown retired in 2006 as a United States Bankruptcy Judge . . .
It looks like you are not signed in or registered! This content is only available to members.
Or Sign In Below:
Related Articles
Why Creditors Should Get Less in Chapter 13
From the Editor – Claims
2022 Bankruptcy Procedure Year in Review: Revised Statute and Rules and Selected Cases – Part 7 Selected Decisions Under Parts I and II of the Federal Rules of Bankruptcy Procedure
From the Editor – Claims
Negotiating Plan Confirmation with Secured Creditors – Issues Involving Balloon Payments and Other Mortgage Loans Subject to Modification Under § 1322(c) – Part 3
How to Present an Effective Summary Judgment Motion
Critical Case Comment – Discharged Junior in 7 Survives in 13
Remember, Landlords Are Sacred Cows in Bankruptcy
Vesting of Property in the Debtor Cuts Off Creditor’s Rights, Ninth Circuit Says
Are Direct Payments by Debtor on Mortgage Considered Payments “Under the Plan” for Purposes of Discharge?