Legal Opinion
Putney v. May (In Re May )
United States Bankruptcy Court, M.D. Florida
Decided March 7, 1988No. Bankruptcy No. 87-1038-BKC-6P7, Adv. No. 87-209PublishedCited by 13 opinions
1Opinion of the Court
MEMORANDUM OPINION
GEORGE L. PROCTOR, Bankruptcy Judge.
This adversary proceeding is before the Court upon cross-motions for summary judgment. The issue presented is the right of the bankruptcy trustee to reach benefits under a testamentary trust when there is no enforceable spendthrift provision.
THE FACTS
On April 28, 1987, the defendant herein filed a voluntary petition for relief under Chapter 7 of the Bankruptcy Code. 11 U.S.C. § 101 et seq.
Scott W. Putney was named as the bankruptcy trustee. The trustee files this action seeking the turnover of certain trust benefits provided defendant…
2Cases cited6 opinions
- United States v. Whiting Pools, Inc.Supreme Court of the United States · 1983
- In Re Alan David Lichstrahl, Debtor. Alan David Lichstrahl v. Bankers TrustCourt of Appeals for the Eleventh Circuit · 1985
- Croom v. Ocala Plumbing & Electric Co.Supreme Court of Florida · 1911
- Waterbury v. MunnSupreme Court of Florida · 1947
- In Re GillettUnited States Bankruptcy Court, S.D. Florida. · 1985
1 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Anderson v. McGowan (In Re Anderson)District Court, D. Rhode Island · 1991
- In Re ThomasCourt of Appeals for the Eleventh Circuit · 1989
- Olympia & York Florida Equity Corp. v. Bank of New York (In re Holywell Corp.)Court of Appeals for the Eleventh Circuit · 1990
- Central Bank of the South v. Thomas (In Re Thomas)United States Bankruptcy Court, N.D. Alabama · 1990
- Miller v. KresserDistrict Court of Appeal of Florida · 2010
8 more not listed; retrieve them via the Exa API.