Legal Opinion
In Re Spenlinhauer
United States Bankruptcy Court, D. Maine
Decided May 17, 1995No. 19-20139PublishedCited by 11 opinions
1Opinion of the Court
MEMORANDUM OF DECISION
JAMES B. HAINES, Jr., Bankruptcy Judge.
Submitted for decision on a stipulated record is the question whether the debtor’s one-third beneficial interest in the JRS Realty Trust of Maine (“the Trust”) is excluded from his bankruptcy estate under § 541(c)(2) of the Code. For the reasons set forth below, I conclude that the interest is within the estate because the Trust’s transfer restrictions are not enforceable under applicable nonbankruptcy law. 1
Procedural Posture
Robert J. Spenlinhauer (“Robert” or “debtor”) voluntarily filed for relief under Chapter 11 of the…
2Cases cited25 opinions
- United States v. Whiting Pools, Inc.Supreme Court of the United States · 1983
- Taylor v. Freeland & KronzSupreme Court of the United States · 1992
- Patterson v. ShumateSupreme Court of the United States · 1992
- Robert A. Mercer, Jr., Debtor v. Jason Monzack, EsquireCourt of Appeals for the First Circuit · 1995
- Electrical Workers, Local No. 1 Credit Union v. IBEW-NECA Holiday Trust FundSupreme Court of Missouri · 1979
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3Cited by11 opinions
- Butler v. Candlewood Road Partners, LLC (In re Raymond)United States Bankruptcy Court, D. Massachusetts · 2015
- Deborah Menotte v. Jane McLean BrownCourt of Appeals for the Eleventh Circuit · 2002
- Marrama v. Degiacomo (Marrama)Bankruptcy Appellate Panel of the First Circuit · 2004
- Aylward v. Landry (In Re Landry)United States Bankruptcy Court, D. Massachusetts · 1998
- Sattin v. Brooks (In Re Brooks)United States Bankruptcy Court, D. Connecticut · 1998
6 more not listed; retrieve them via the Exa API.