O'Neil v. Fleet National Bank (In Re Britton)

RULING ON MOTION TO DISMISS COMPLAINT

ROBERT L. KRECHEVSKY, Bankruptcy Judge.

I

William W. Britton (“the debtor”) filed a Chapter 7 petition on April 20, 2001. The debtor is the son of Doris W. Britton (now known as Doris Newman) and the late Audley C. Britton. John J. O’Neil, Esq. (“the plaintiff’), the Chapter 7 trustee in the debtor’s bankruptcy case, on April 17, 2003, filed a complaint against Fleet National Bank and Doris W. Britton, Trustees of the Audley C. Britton Trust (“the trust”) 1 , and the debtor to determine that the debtor’s interest in the trust income and the trust remainder…