Murphy v. Felice (In re Felice)

MEMORANDUM OF DECISION ON DEBTOR’S MOTION FOR DETERMINATION THAT HIS BENEFICIAL INTEREST IN A TRUST IS NOT PROPERTY OF THE ESTATE AND ON PLAINTIFF’S CROSS-MOTION FOR SUMMARY JUDGMENT

FRANK J. BAILEY, Bankruptcy Judge.

I. INTRODUCTION

By his complaint in this adversary proceeding, the chapter 7 trustee, Harold *163Murphy (“Murphy”), seeks among other things a determination that the spendthrift clause that ostensibly protects the beneficial interest of debtor Ernest J. Felice (hereinafter, “Ernest”) in a family trust is ineffective; hence that beneficial interest is property of his bankruptcy estate.…