Legal Opinion
Shurley v. Texas Commerce Bank—Austin, N.A.
Court of Appeals for the Fifth Circuit
Decided July 15, 1997No. 96-50137, 96-50138PublishedCited by 2 opinions
1Opinion of the Court
REAVLEY, Circuit Judge:
The question here is to what extent the assets of a spendthrift trust settled by a bankruptcy debtor and others are included in the debtor’s bankruptcy estate. The bankruptcy and district courts held that the entirety of the debtor’s interest in the trust is property of the bankruptcy estate. We limit the estate to the property contributed to the trust by the debtor.
BACKGROUND
In 1965 M.D. Bryant, Ethel Bryant, Anne Bryant Ridge, and Jane Bryant Shuriey created a trust under Texas law. M.D. and Ethel Bryant were husband and wife. Anne Bryant Ridge and Jane Bryant Shuriey…
2Cases cited19 opinions
- Patterson v. ShumateSupreme Court of the United States · 1992
- Nationsbank of North Carolina, N. A. v. Variable Annuity Life InsuranceSupreme Court of the United States · 1995
- Summit Coffee Co. v. Herby's Foods, Inc. (In Re Herby's Foods, Inc.)Court of Appeals for the Fifth Circuit · 1993
- Adams v. WilliamsTexas Supreme Court · 1923
- Glass v. CarpenterCourt of Appeals of Texas · 1959
14 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Bankr. L. Rep. P 77,423, 11 tex.bankr.ct.rep. 259 in the Matter of Billy R. Shurley and Jane Bryant Shurley, Debtors. Billy R. Shurley and Jane Bryant Shurley v. Texas Commerce Bank--Austin, N.A. And Texas Commerce Bank--San Angelo, N.A., in the Matter of Billy R. Shurley and Jane Bryant Shurley, Debtors. Billy R. Shurley and Jane Bryant Shurley v. Texas Commerce Bank--San Angelo, N.A., Texas Commerce Bank--Austin, N.A. And Dennis Elam, Trustee, in the Matter of Billy R. Shurley and Jane Bryant Shurley, Debtors. William H. Armstrong, II v. Texas Commerce Bank--San Angelo, N.A., Dennis Elam, Trustee, and Texas Commerce Bank--AustinCourt of Appeals for the Fifth Circuit · 1997
- In Re SchultzUnited States Bankruptcy Court, E.D. Arkansas · 2005