Legal Opinion

Simmonds v. Larison (In Re Simmonds)

United States Bankruptcy Appellate Panel for the Eighth Circuit

Decided November 17, 1999No. BAP 99-6036 MNPublishedCited by 9 opinions

1Opinion of the Court

SCHERMER, Bankruptcy Judge.

Debtors John P. Simmonds and Tina-Marie Simmonds appeal the bankruptcy court’s 1 order determining that the beneficial interest of John P. Simmonds (“Debt- or”) in a self-settled trust is property of the bankruptcy estate and directing the turnover of his beneficial interest in the trust to the bankruptcy trustee. We have jurisdiction over this appeal from the final order of the bankruptcy court. See 28 U.S.C. § 158(b). For the reasons set forth below, we affirm.

ISSUE

The issue on appeal is whether the Debtor’s beneficial interest in a self-settled trust is excluded…

2Cases cited12 opinions

  1. Salve Regina College v. RussellSupreme Court of the United States · 1991
  2. Patterson v. ShumateSupreme Court of the United States · 1992
  3. In Re: Broadview Lumber Co., Inc.Court of Appeals for the Eighth Circuit · 1997
  4. Van Dyke v. First National BankSupreme Court of Minnesota · 1951
  5. In Re Trust Created by MoultonSupreme Court of Minnesota · 1951

7 more not listed; retrieve them via the Exa API.

3Cited by9 opinions

  1. Kelley v. Jeter (In Re Jeter)United States Bankruptcy Appellate Panel for the Eighth Circuit · 2001
  2. Chelsea State Bank v. Wagner (In Re Wagner)United States Bankruptcy Appellate Panel for the Eighth Circuit · 2001
  3. In Re GillespieUnited States Bankruptcy Court, E.D. Arkansas · 2001
  4. In Re MacKUnited States Bankruptcy Court, D. Minnesota · 2001
  5. Lindquist v. Mack (In re Mack)United States Bankruptcy Court, D. Minnesota · 2001

4 more not listed; retrieve them via the Exa API.

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