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HORSLEY v. MAHER

Civ. No. 88-3015.

89 B.R. 51 (1988)

Darlene Joy HORSLEY, Plaintiff/Appellant, v. Thomas MAHER, Defendant/Appellee.

United States District Court, D. South Dakota, C.D.

August 11, 1988.

Attorney(s) appearing for the Case

J. Bruce Blake, Sioux Falls, S.D., for plaintiff/appellant.

Thomas M. Maher, Maher & Arendt, Pierre, S.D., for defendant/appellee and trustee.

William Westphal, Minneapolis, Minn., U.S. Trustee.

MEMORANDUM OPINION

DONALD J. PORTER, Chief Judge.

This appeal from the United States Bankruptcy Court for the Central Division, District of South Dakota, raises the question of whether a contingent remainder in a trust containing a spendthrift provision is property of the chapter 7 debtor's estate under 11 U.S.C. § 541(a)(1) or 11 U.S.C. § 541(a)(5)(A). Because the spendthrift provision of the trust in question is enforceable to prevent transfer...

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