Legal Opinion

Gaughan v. Edward Dittlof Revocable Trust (In Re Costas)

United States Bankruptcy Appellate Panel for the Ninth Circuit

Decided July 13, 2006No. BAP No. AZ-05-1440-MOSA, Bankruptcy No. 02-19423-RTB, Adversary No. 04-01228-RTBPublishedCited by 10 opinions

1Opinion of the Court

OPINION

MONTALI, Bankruptcy Judge.

A chapter 7 2 trustee sought to avoid as a fraudulent conveyance a disclaimer by the debtor of her interests in a trust. The court entered an order granting the debt- or’s summary judgment motion and denying the relief sought by the trustee. The trustee appealed and we AFFIRM.

I

FACTS

The facts in this case are undisputed. Debtor Rachelle M. Costas (“Debtor”) was the beneficiary of a trust created, by her father, Edward P. Dittlof (“Decedent”); within thirty days prior to filing bankruptcy, Debtor disclaimed her interests in that trust, the Edward Dittlof…

2Cases cited15 opinions

  1. Butner v. United StatesSupreme Court of the United States · 1979
  2. United States v. National Bank of CommerceSupreme Court of the United States · 1985
  3. Barnhill v. JohnsonSupreme Court of the United States · 1992
  4. Drye v. United StatesSupreme Court of the United States · 2000
  5. Shannon Casey v. Albertson's Inc., a Delaware CorporationCourt of Appeals for the Ninth Circuit · 2004

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3Cited by10 opinions

  1. Heers v. Parsons (In Re Heers)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2015
  2. Gaughan v. Edward Dittlof Revocable Trust (In Re Costas)Court of Appeals for the Ninth Circuit · 2009
  3. Eden Place, LLC v. Perl (In Re Perl)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2014
  4. In re CrandallUnited States Bankruptcy Court, D. Alaska · 2016
  5. Gaughan v. Edward Dittlof Revocable TrustCourt of Appeals for the Ninth Circuit · 2009

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

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