Legal Opinion

Marine Bank of Springfield v. St. Joseph's Hospital (In Re St. Joseph's Hospital)

United States Bankruptcy Court, S.D. Illinois

Decided November 14, 1991No. 19-30111PublishedCited by 2 opinions

1Opinion of the Court

OPINION

KENNETH J. MEYERS, Bankruptcy Judge.

At issue in this case is whether the debt- or’s interest under a testamentary trust, which contains a “spendthrift” provision shielding the debtor’s beneficial interest from the claims of creditors and restricting alienation, constitutes property of the debt- or’s bankruptcy estate under 11 U.S.C. § 541. Marine Bank of Springfield, trustee of the testamentary trust, has filed a motion for relief from stay, arguing that the beneficial interest of the debtor, St. Joseph’s Hospital, is excluded from property of the estate under § 541(c)(2), which…

2Cases cited10 opinions

  1. St. Joseph's Hospital v. BennettNew York Court of Appeals · 1939
  2. Wagner v. WagnerIllinois Supreme Court · 1910
  3. Altemeier v. HarrisIllinois Supreme Court · 1949
  4. Dickenson v. City of AnnaIllinois Supreme Court · 1923
  5. Von Kesler v. ScullyAppellate Court of Illinois · 1932

5 more not listed; retrieve them via the Exa API.

3Cited by2 opinions

  1. Barash v. Morris (In Re Morris)District Court, C.D. Illinois · 1993
  2. Barash v. Morris (In Re Morris)United States Bankruptcy Court, C.D. Illinois · 1992

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API