Legal Opinion
Case v. Hilgers (In Re Hilgers)
Bankruptcy Appellate Panel of the Tenth Circuit
Decided July 10, 2007No. BAP No. KS-06-098. Bankruptcy No. 04-11019-7. Adversary No. 04-05281PublishedCited by 6 opinions
1Opinion of the Court
OPINION
BROWN, Bankruptcy Judge.
Appellant Phillip Hilgers (Debtor) appeals the bankruptcy court’s judgment declaring that his interests in three trusts were property of his bankruptcy estate and subject to turnover to the bankruptcy trustee under 11 U.S.C. § 542(a). 1 For the following reasons, we affirm.
I. Background
The Debtor’s parents, Jack and Laverne Hilgers, and his grandmother, Blanche Hilgers, executed three revocable trusts (the Trusts) in 1991. The Trusts are identical in all aspects relevant to this appeal. All of the Trusts contain spendthrift clauses that the bankruptcy court…
2Cases cited7 opinions
- Salve Regina College v. RussellSupreme Court of the United States · 1991
- In Re Robert J. Young and Donna M. Young, Debtors. Fowler Brothers v. Robert J. Young and Donna M. YoungCourt of Appeals for the Tenth Circuit · 1996
- Robert E. Deines v. Vermeer Manufacturing Company, and Liberty Mutual Insurance Company, American Insurance Association, Amicus CuriaeCourt of Appeals for the Tenth Circuit · 1992
- Estate of Somers v. Firstar BankSupreme Court of Kansas · 2004
- In Re Harris Testamentary TrustSupreme Court of Kansas · 2003
2 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- In re McDonaldUnited States Bankruptcy Court, D. Kansas · 2014
- In Re the Estate of OswaldCourt of Appeals of Kansas · 2010
- In re DodartUnited States Bankruptcy Court, D. Utah · 2017
- In re RobbenUnited States Bankruptcy Court, D. Kansas · 2013
- Payne v. Sparkman Revocable Trust u/a/d December 20, 2019United States Bankruptcy Court, W.D. Oklahoma · 2025
1 more not listed; retrieve them via the Exa API.