Allen v. Wilson (In Re Wilson)

MEMORANDUM OPINION AND ORDER

H. CLYDE PEARSON, Bankruptcy Judge.

Plaintiff, Charles R. Allen, Jr., Esq., Trustee, pursuant to Rule 701 Federal Bankruptcy Rules of Procedure filed Complaint herein seeking recovery of certain trust assets 1 held by First National Exchange Bank of Virginia, Trustee, who was joined herein as a party Defendant with Betty Lee Taylor Wilson, the Debtor. The facts were stipulated by the parties, which essentially consists of the trust document itself.

The question presented here is whether or not the Debtor’s interest in trust principal or income is an asset of her…