Case v. Hilgers Ex Rel. Blanche A. Hilgers Trust (In Re Hilgers)

MEMORANDUM OPINION

ROBERT E. NUGENT, Chief Judge.

The chapter 7 trustee, D. Michael Case (“Case”), seeks a declaration that debtor Phillip Hilgers’s (“Phillip” or “debtor”) one-fourth remainder interest in the residue of three revocable inter vivos trusts is an asset of the bankruptcy estate and subject to turnover. Turnbull Oil, Inc. (“Turn-bull”) also claims an interest in Phillip’s remainder interest as a pre-petition garnishing judgment creditor. At a trial convened on June 14, 2006, the Court received by stipulation Case’s exhibits 1-3 and Turnbull’s exhibits A-F and heard the testimony of…