Legal Opinion

Bendon v. Reynolds (In Re Reynolds)

United States Bankruptcy Appellate Panel for the Ninth Circuit

Decided August 24, 2012No. BAP CC-11-1433-HPaD; Bankruptcy 09-14039; Adversary 09-01205PublishedCited by 4 opinions

1Opinion of the Court

OPINION

HOLLOWELL, Bankruptcy Judge.

The bankruptcy court granted the debt- or’s summary judgment motion, concluding that the bankruptcy estate was entitled to no more than 25% of the debtor’s beneficiary interest in a spendthrift trust. The chapter 7 trustee appealed. For the reasons explained below, we AFFIRM.

I. FACTS

In 2005, Rick Reynold’s (the Debtor’s) parents, Freddie Hugo Reynolds (Freddie) and Patsy R. Reynolds (Patsy), established the Reynolds Family Trust. Patsy died in November 2007. Upon her death, the Reynolds Family Trust was split into three sub-trusts: (a) the Bypass Trust; (b)…

2Cases cited17 opinions

  1. Butner v. United StatesSupreme Court of the United States · 1979
  2. People v. MendozaCalifornia Supreme Court · 2000
  3. People v. BroussardCalifornia Supreme Court · 1993
  4. Estate of GriswoldCalifornia Supreme Court · 2001
  5. In Re Laurence A. NEUTON; Esther Neuton, Debtors. Laurence A. NEUTON, Appellant, v. Curtis B. DANNING, Trustee, AppelleeCourt of Appeals for the Ninth Circuit · 1990

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3Cited by4 opinions

  1. O'Donnell v. Tristar Esperanza Properties, LLC (In Re Tristar Esperanza Properties, LLC)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2013
  2. Bendetti v. Gunness (In Re Gunness)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2014
  3. In re: Giles Duane SpellmanUnited States Bankruptcy Appellate Panel for the Ninth Circuit · 2016
  4. In re: John A. HamiltonUnited States Bankruptcy Appellate Panel for the Ninth Circuit · 2013

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