Legal Opinion
In the Matter of Arthur Clarke Ahlswede and Dorothy Ahlswede, Bankrupts. Richard W. Stebbins, Trustee v. Crocker Citizens National Bank
Court of Appeals for the Ninth Circuit
Decided April 29, 1975No. 73-2506PublishedCited by 46 opinions
1Opinion of the Court
OPINION
Before CHAMBERS, KOELSCH and KILKENNY, Circuit Judges. KOELSCH, Circuit Judge:
This case presents a unique question regarding the extent of a bankruptcy court’s equitable power to subordinate a creditor’s claim against the bankruptcy estate.
Bankrupt is one of four beneficiaries of a so-called “spend-thrift” trust created inter vivos by his father. The trust instrument provides that “[t]he interests of all beneficiaries other than the Trustor in principal or income shall not be subject to claims of their creditors or others nor to legal process and may not be voluntary [sic] or…
2Cases cited13 opinions
- Pepper v. LittonSupreme Court of the United States · 1939
- Taylor v. Standard Gas & Electric Co.Supreme Court of the United States · 1939
- Meyer v. United StatesSupreme Court of the United States · 1963
- Prudence Realization Corp. v. GeistSupreme Court of the United States · 1942
- Comstock v. Group of Institutional InvestorsSupreme Court of the United States · 1948
8 more not listed; retrieve them via the Exa API.
3Cited by46 opinions
- In the Matter of Mobile Steel Company, Debtor. Elaine E. Benjamin v. Lester Y. Diamond, as Trustee in Bankruptcy for Mobile Steel, Inc.Court of Appeals for the Fifth Circuit · 1977
- United States v. NolandSupreme Court of the United States · 1996
- In Re Charles W. Graham, Debtor. Edward F. Samore, Trustee v. Charles W. Graham, Trustee of the Charles W. Graham, M.D. Ltd. Profit Sharing Plan TrustCourt of Appeals for the Eighth Circuit · 1984
- Anaconda-Ericsson, Inc. v. Hessen (In Re Teltronics Services, Inc.)United States Bankruptcy Court, E.D. New York · 1983
- Enron Corp. v. Avenue Special Situations Fund II, LP (In Re Enron Corp.)United States Bankruptcy Court, S.D. New York · 2005
41 more not listed; retrieve them via the Exa API.