Garrett v. Vaughan (In Re Vaughan)

ORDER GRANTING TRUSTEE’S MOTION FOR PARTIAL SUMMARY JUDGMENT AND DENYING DEFENDANTS’ JOINT COUNTER-MOTION FOR SUMMARY JUDGMENT

JOHN TeSELLE, Chief Judge.

Introduction

This case turns on the validity of a disclaimer executed by Debtor/Defendant, Henry Dean Vaughan (hereinafter “Vaughan”), whereby he attempted to disclaim his residual beneficial interest in a trust created by his mother, known as the Frances Riddle Vaughan Family Trust (hereinafter the “Trust”). The disclaimer was executed by Vaughan prior to the time he and his wife filed for bankruptcy protection, and if effective under Oklahoma…