Martinson v. James (In Re James)

ORDER

JOHN L. PETERSON, Chief Judge.

In this adversary proceeding, the Chapter 7 bankruptcy Trustee seeks turnover of certain real property held by the Debtor/Defendant, Tammy Lee James d/b/a Just Flowers (“Debtor”) on grounds that the asset is property of the bankruptcy estate under 11 U.S.C. § 541. Debtor resists the Trustee’s allegation, contending that, under a marriage dissolution decree entered by a Montana court on April 18, 1994, Debtor holds the property in trust for the sole benefit of Debt- or’s children, and therefore, under 11 U.S.C. § 541(b), the property does not belong to the…