Legal Opinion
Deborah Menotte v. Jane McLean Brown
Court of Appeals for the Eleventh Circuit
Decided August 28, 2002No. 01-16211PublishedCited by 15 opinions
1Opinion of the Court
BLACK, Circuit Judge:
This case involves a Chapter 7 bankruptcy debtor seeking to exclude her interest in a trust from the bankruptcy estate. The trust, which was created by the debtor prior to insolvency, was established to provide income to the debtor for her lifetime with the remainder ultimately being given to several charities. Based on the presence of a spendthrift clause prohibiting assignment or alienation, the debtor contends her interest in the trust is exempt from her bankruptcy estate. Alternatively, the debtor contends her interest is exempt because the trust qualifies as a…
2Cases cited33 opinions
- Larry Bonner v. City of Prichard, AlabamaCourt of Appeals for the Eleventh Circuit · 1981
- Patterson v. ShumateSupreme Court of the United States · 1992
- Blair v. CommissionerSupreme Court of the United States · 1937
- In Re Alan David Lichstrahl, Debtor. Alan David Lichstrahl v. Bankers TrustCourt of Appeals for the Eleventh Circuit · 1985
- In Re Jlj Inc., D/B/A All American Trade Day, Debtor. Karen B. Rush v. Jlj Inc., D/B/A All American Trade Day, Rush Building Company, Inc.Court of Appeals for the Eleventh Circuit · 1993
28 more not listed; retrieve them via the Exa API.
3Cited by15 opinions
- Rush University Medical Center v. SessionsIllinois Supreme Court · 2012
- Dexia Credit Local v. RoganDistrict Court, N.D. Illinois · 2009
- Lassman v. Tosi (In Re Tosi)United States Bankruptcy Court, D. Massachusetts · 2008
- In Re RogoveUnited States Bankruptcy Court, S.D. Florida. · 2010
- In Re NicholsUnited States Bankruptcy Court, M.D. Florida · 2010
10 more not listed; retrieve them via the Exa API.