Legal Opinion
Resop v. McCoy (In re McCoy)
United States Bankruptcy Court, W.D. Wisconsin
Decided December 21, 2011No. Bankruptcy No. 10-17916; Adversary No. 11-00090PublishedCited by 1 opinion
1Opinion of the Court
MEMORANDUM DECISION
ROBERT D. MARTIN, Bankruptcy Judge.
The plaintiff trustee seeks turnover of the interest in a trust. The defendant debtor contends that the trust is a “spendthrift trust” and that her interest in it is not part of her bankruptcy estate. A hearing on cross motions for summary judgment was held September 13, 2011. The parties have agreed to the following facts:
*834On April 6, 2000, Shirley McCoy, the debtor’s mother, executed the McCoy Living Trust (“McCoy Trust” or “Trust.”) The debtor is a beneficiary of this Trust, and Kevin McCoy, one of the debtor’s sons, is the sole trustee1…
2Cases cited8 opinions
- Celotex Corp. v. Catrett, Administratrix of the Estate of CatrettSupreme Court of the United States · 1986
- In the Matter of Daniel J. YONIKUS and Carolyn S. Yonikus, Debtors. Appeal of Daniel J. YONIKUSCourt of Appeals for the Seventh Circuit · 1993
- In the Matter of Joseph Davidow Newman, Debtor. Robert M. Magill, Trustee-Appellant v. Joseph Davidow Newman, Debtor-AppelleeCourt of Appeals for the Seventh Circuit · 1990
- Welch v. WelchWisconsin Supreme Court · 1939
- In Re BogueUnited States Bankruptcy Court, E.D. Wisconsin · 1999
3 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- In RE McCOYUnited States Bankruptcy Court, W.D. Wisconsin · 2011