Sisters of Mercy Health Corp. v. First Bank of Whiting

I dissent for these reasons:

The Majority has completely ignored 11 U.S.C. § 541 of the Bankruptcy Code. Section 541 provides in relevant part:(a)The commencement of a case under Sections 301, 302, or 303 of this title creates an estate. Such estate is comprised of all the following property, wherever located and by whomever held:(1) Except as provided in subsections(b) and (c)(2) of this section, all legal or equitable interests of the debtor in property as of the commencement of the case.

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[c](2) A restriction on the transfer of a beneficial interest of the debtor in a trust that…