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Lyndon Van Winkle & Barbara Van Winkle, Ch. 7, BK04-40331 (June 25, 2004)

Testamentary trust created by debtor's mother constitutes a spendthrift trust because it's unclear from trust language whether debtor has an "ownership equivalent" in trust property. Debtor's interest in trust assets therefore isn't property of the estate.

Date: 
Friday, June 25, 2004
Judge: 
Judge Timothy J. Mahoney (Retired)