Legal Opinion
Todd Frealy v. Rick Reynolds
Court of Appeals for the Ninth Circuit
Decided August 15, 2017No. 12-60068PublishedCited by 2 opinions
1Opinion of the Court
OPINION
2Per curiam
Debtor is the beneficiary of a spendthrift trust. The trust payments he receives come entirely from trust principal. The California Probate Code is unclear as to whether and to what extent his creditors may reach the trust distributions, so we certified the question to the California Supreme Court. Frealy v. Reynolds, 779 F.3d 1028, 1030 (9th Cir. 2015). That court answers us in the attached opinion.
In our order certifying the question, we recounted the facts of this case. Id. at 1031-32. Based on the California Supreme Court opinion, we now hold that a bankruptcy estate is entitled to…
3Cases cited12 opinions
- Day v. City of FontanaCalifornia Supreme Court · 2001
- Privette v. Superior CourtCalifornia Supreme Court · 1993
- Van Arsdale v. HollingerCalifornia Supreme Court · 1968
- People v. RomanowskiCalifornia Supreme Court · 2017
- Canfield v. Security-First National BankCalifornia Supreme Court · 1939
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4Cited by2 opinions
- Husted v. MEPCO LABEL SYSTEMSUnited States Bankruptcy Court, E.D. California · 2020
- Rodriguez-Pozos v. AshcroftCourt of Appeals for the Ninth Circuit · 2004