Darby v. McGregor (In Re Darby)

OPINION

A. POPE GORDON, Bankruptcy Judge.

Plaintiff E. Eugene Darby, the debtor’s father, filed a complaint to determine the extent of the interest of the bankruptcy estate in two prepaid college tuition contracts purchased for the debtor’s minor children. 1

The parties submitted the proceeding on briefs following trial on August 11, 1998. 2

FACTS

Eugene Darby, the debtor’s father, purchased a series of United States Savings Bonds to fund the future college education of the debtor’s two minor children, Danielle and Adrienne. 3 He put most in the name of the debtor Larry Darby. 4

Later, Eugene…