Mostoller v. Wachter (In Re Wachter)

MEMORANDUM ON MOTIONS FOR SUMMARY JUDGMENT

RICHARD STAIR, JR., Bankruptcy Judge.

The Plaintiff, Ann Mostoller, Trustee, filed the Complaint initiating this adversary proceeding on January 22, 2004, seeking a determination that a distribution to be received by the Debtor pursuant to the terms of a spendthrift trust is property of his bankruptcy estate and, accordingly, subject to turnover to the Plaintiff.

Presently before the court are the following, both filed on June 1, 2004:(1) the Plaintiffs Motion for Summary Judgment; and (2) the Motion for Summary Judgment filed by the Defendants. Both…