Legal Opinion
Abney v. Hicks (In Re Hicks)
United States Bankruptcy Court, N.D. Georgia
Decided July 26, 1982No. 17-57982PublishedCited by 6 opinions
1Opinion of the Court
ORDER
W. HOMER DRAKE, Bankruptcy Judge.
This case is before the Court on the plaintiff’s Complaint for Declaratory Relief to determine what interest, if any, the debt- or may have in certain property held in trust pursuant to his father’s will. The plaintiff alleges that the interest held by the debtor is a vested remainder and that the debtor held this interest when he filed his bankruptcy petition. If this interest exists, it would be part of the estate of the debtor under 11 U.S.C. § 541(a)(5)(A). In re McLoughlin, 507 F.2d 177 (5th Cir. 1975). The defendants contend that the interest which…
2Cases cited3 opinions
- Jack M. Thornton, as Trustee in Bankruptcy of the Estate of John F. Scarborough, Jr., Bankrupt v. John F. Scarborough, Jr., BankruptCourt of Appeals for the Fifth Circuit · 1965
- In the Matter of Christopher John McLoughlin Bankrupt. Marion B. Stokes, Trustee, Appellant-Cross v. Trust Company of Georgia, Appellee-CrossCourt of Appeals for the Fifth Circuit · 1975
- Ruth v. First National Bank of AtlantaSupreme Court of Georgia · 1973
3Cited by6 opinions
- Osherow v. Porras (In Re Porras)United States Bankruptcy Court, W.D. Texas · 2004
- Colish v. United States (In Re Colish)United States Bankruptcy Court, E.D. New York · 2002
- In Re KnightUnited States Bankruptcy Court, S.D. Florida. · 1994
- Smith v. Baydush (In Re Baydush)District Court, E.D. Virginia · 1994
- Myler v. Arney (In Re Arney)United States Bankruptcy Court, N.D. Illinois · 1983
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