Legal Opinion

Rhiel v. Adams (In Re Adams)

Bankruptcy Appellate Panel of the Sixth Circuit

Decided December 10, 2003No. 03-8011PublishedCited by 23 opinions

1Opinion of the Court

OPINION

COOK, Bankruptcy Judge.

This case is before us on the bankruptcy Trustee’s appeal from a ruling of the bankruptcy court that the Debtors, Mr. and Mrs. Raymond Adams, were the beneficiaries of trusts with enforceable transfer restrictions such that their beneficial interests in those trusts were excluded from their bankruptcy estate under 11 U.S.C. § 541(c)(2). Because we conclude that the Debtors failed to carry their burdens of proof that they were beneficiaries of trusts within the meaning of 11 U.S.C. § 541(c)(2), we REVERSE the bankruptcy court’s order and REMAND the case for…

2Cases cited12 opinions

  1. United States v. RobinsonSupreme Court of the United States · 1960
  2. Patterson v. ShumateSupreme Court of the United States · 1992
  3. Badaracco v. CommissionerSupreme Court of the United States · 1984
  4. Carlisle v. United StatesSupreme Court of the United States · 1996
  5. Commissioner v. LundySupreme Court of the United States · 1996

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

3Cited by23 opinions

  1. In Re KuchtaUnited States Bankruptcy Court, N.D. Ohio · 2010
  2. Rhiel v. OhioHealth Corp. (In Re Hunter)United States Bankruptcy Court, S.D. Ohio · 2008
  3. In Re McDonaldUnited States Bankruptcy Court, D. Kansas · 2006
  4. RES-GA Dawson, LLC v. Rogers (In re Rogers)United States Bankruptcy Court, N.D. Georgia · 2015
  5. In re FosterUnited States Bankruptcy Court, E.D. Virginia · 2016

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

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