Legal Opinion

Prestige Vacations, Inc. v. Kozak

District Court, N.D. Ohio

Decided June 6, 1979No. C79-240PublishedCited by 5 opinions

1Opinion of the Court

ORDER

BATTISTI, Chief Judge.

Plaintiff has moved for an order requiring Thrift Federal Savings and Loan to pay over to the Court pursuant to a writ of execution the funds on deposit in account number 050-00518. Defendant objects that the account is not subject to a writ of execution because the account is held by defendant Jeanne Kozak in trust for her daughter. 1 Plaintiff argues that the eredi tors are entitled by law to reach funds held in a discretionary revocable trust, over which defendant Jeanne Kozak has full dominion and control.

No Ohio court has ruled on the issue in question.…

2Cases cited3 opinions

  1. Lámar v. StateIndiana Supreme Court · 1964
  2. Montgomery v. MichaelsIllinois Supreme Court · 1973
  3. Schofield v. Cleveland Trust Co.Ohio Supreme Court · 1939

3Cited by5 opinions

  1. Tavormina v. Merchants Bank of Miami (In Re Gillett)United States Bankruptcy Court, S.D. Florida. · 1985
  2. Soto v. First Gibraltar Bank, FSB San Antonio, Texas Court of Appeals, 4th District (San Antonio)1993
  3. Yoppolo v. Allen (In Re Allen)United States Bankruptcy Court, N.D. Ohio · 2009
  4. In Re the Marriage of FlohrColorado Court of Appeals · 1983
  5. JPMorgan Chase Bank, N.A. v. Woods (In Re Woods)United States Bankruptcy Court, W.D. Kentucky · 2010

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