Wood v. Bright (In Re Bright)
United States Bankruptcy Appellate Panel for the Ninth Circuit
1Opinion of the Court
OPINION
BOWIE, Bankruptcy Judge.
I
OVERVIEW
In November of 1996 the debtor’s father passed away. The debtor was named as a beneficiary under the will. Three months later, the debtor disclaimed his interest in the bequest. Under the terms of the will the disclaimed property passed to the debtor’s children. Five months after disclaiming, the Debtor and his wife filed a petition under Chapter 7. 2 The Trustee has sued the children to recover the disclaimed property as a fraudulent conveyance.
There are no factual disputes. The only issue is whether the debtor’s prepetition disclaimer of an…
2Cases cited30 opinions
- Butner v. United StatesSupreme Court of the United States · 1979
- Jewett v. CommissionerSupreme Court of the United States · 1982
- Great Lakes Higher Education Corp. v. Pardee (In Re Pardee)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1998
- United States v. IrvineSupreme Court of the United States · 1994
- Kalt v. YoungworthCalifornia Supreme Court · 1940
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3Cited by16 opinions
- Greenspan v. Orrick, Herrington & Sutcliffe LLP (In Re Brobeck, Phleger & Harrison LLP)United States Bankruptcy Court, N.D. California · 2009
- Essen v. GilmoreNebraska Supreme Court · 2000
- Gaughan v. Edward Dittlof Revocable Trust (In Re Costas)Court of Appeals for the Ninth Circuit · 2009
- In Re KloubecUnited States Bankruptcy Court, N.D. Iowa · 2000
- In Re LaughlinCourt of Appeals for the Fifth Circuit · 2010
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