Marine Bank of Springfield v. St. Joseph's Hospital (In Re St. Joseph's Hospital)
United States Bankruptcy Court, S.D. Illinois
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
- St. Joseph's Hospital v. BennettNew York Court of Appeals · 1939
- Wagner v. WagnerIllinois Supreme Court · 1910
- Altemeier v. HarrisIllinois Supreme Court · 1949
- Dickenson v. City of AnnaIllinois Supreme Court · 1923
- Von Kesler v. ScullyAppellate Court of Illinois · 1932
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3Cited by2 opinions
- Barash v. Morris (In Re Morris)District Court, C.D. Illinois · 1993
- Barash v. Morris (In Re Morris)United States Bankruptcy Court, C.D. Illinois · 1992