Legal Opinion

In Re Hersch

United States Bankruptcy Court, E.D. Virginia

Decided February 11, 1986No. 19-50279PublishedCited by 6 opinions

1Opinion of the Court

MEMORANDUM OPINION

MARTIN V.B. BOSTETTER, Jr., Bankruptcy Judge.

On July 31, 1984, H. Huntly Hersch filed a petition for relief under Chapter 7 of the Bankruptcy Reform Act of 1978 (“the Code”), and listed as exempt from the bankruptcy estate his interest in a testamentary trust created by his deceased father. 1 Warrenton Production Credit Association (“Warrenton”), taking issue with the debtor’s characterization of the trust as a spendthrift trust protected from the reach of creditors, objected to the claim of exemption. In addition, Warrenton questions the debtor’s valuation of the trust at…

2Cases cited11 opinions

  1. In Re Charles W. Graham, Debtor. Edward F. Samore, Trustee v. Charles W. Graham, Trustee of the Charles W. Graham, M.D. Ltd. Profit Sharing Plan TrustCourt of Appeals for the Eighth Circuit · 1984
  2. Eaton v. Boston Safe Deposit & Trust Co.Supreme Court of the United States · 1916
  3. Hutchinson v. MaxwellSupreme Court of Virginia · 1902
  4. Sheridan v. KrauseSupreme Court of Virginia · 1934
  5. Garland v. GarlandSupreme Court of Virginia · 1891

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3Cited by6 opinions

  1. In Re RileyUnited States Bankruptcy Court, E.D. Virginia · 1988
  2. Tyler v. Putman (In Re Putman)United States Bankruptcy Court, E.D. Virginia · 1990
  3. In Re SheeranUnited States Bankruptcy Court, E.D. Virginia · 2007
  4. Farmers Cooperative Co. of Rush Center v. Timken State Bank (In Re Pechanec)United States Bankruptcy Court, D. Kansas · 1986
  5. Harry Levey and Leona Levey v. First Virginia Bank, and Arthur Rupley, IVCourt of Appeals for the First Circuit · 1988

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