Legal Opinion
Todd Frealy v. Rick Reynolds
Court of Appeals for the Ninth Circuit
Decided March 9, 2015No. 12-60068; BAP 11-1433PublishedCited by 5 opinions
1Opinion of the Court
ORDER CERTIFYING A QUESTION TO THE CALIFORNIA SUPREME COURT
ORDER
2Per curiam
This appeal requires us to determine the extent to which a bankruptcy estate may reach a beneficiary’s interest in a spendthrift trust under the California Probate Code. The beneficiary claims that California Probate Code section 15306.5 caps the bankruptcy estate’s access at 25 percent of his trust interest, which consists entirely of payments from principal. The bankruptcy trustee, on the other hand, seeks to reach more than 25 percent of the beneficiary’s interest under Probate Code sections 15301(b) and 15307, which it reads…
3Cases cited5 opinions
- In Re Laurence A. NEUTON; Esther Neuton, Debtors. Laurence A. NEUTON, Appellant, v. Curtis B. DANNING, Trustee, AppelleeCourt of Appeals for the Ninth Circuit · 1990
- Kelly v. KellyCalifornia Supreme Court · 1938
- Chatard v. OverossCalifornia Court of Appeal · 2009
- Sullivan v. Oracle Corp.Court of Appeals for the Ninth Circuit · 2009
- United California Bank v. LawrenceCalifornia Court of Appeal · 1968
4Cited by5 opinions
- Carmack v. ReynoldsCalifornia Supreme Court · 2017
- Todd Frealy v. Rick ReynoldsCourt of Appeals for the Ninth Circuit · 2017
- Husted v. MEPCO LABEL SYSTEMSUnited States Bankruptcy Court, E.D. California · 2020
- In re: Ruben Gonzalez CuevasUnited States Bankruptcy Appellate Panel for the Ninth Circuit · 2016
- ORourke v. The 2017 Mark Lamb TrustUnited States Bankruptcy Court, E.D. Washington · 2020