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IN RE EVANS

Bankruptcy No. 385-04092, Adv. No. 387-0118.

88 B.R. 813 (1988)

In re Ross EVANS, Debtor. G. Rhea BUCY, Trustee, Plaintiff, v. Ross EVANS, Defendant.

United States Bankruptcy Court, M.D. Tennessee.

August 5, 1988.

Attorney(s) appearing for the Case

Wallace Dietz, Bass, Berry & Sims, Nashville, Tenn., for defendant.

Linda Knight, Gullett, Sanford, Robinson & Martin, Nashville, Tenn., for plaintiff.

MEMORANDUM

KEITH M. LUNDIN, Bankruptcy Judge.

The question presented is whether the Chapter 7 trustee can use the "strong arm" power in § 544(a)(2) to penetrate a spendthrift trust where Tennessee law would permit the State of Tennessee as a (hypothetical) unsatisfied creditor to reach assets of the trust. The trustee cannot use § 544(a)(2) to assert the special status of the State.

This is a core proceeding. 28 U.S.C. § 157(b)(2)...

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