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IN RE ST. JOSEPH'S HOSP.

Bankruptcy No. BK 89-50583.

133 B.R. 453 (1991)

In re ST. JOSEPH'S HOSPITAL, Debtor. MARINE BANK OF SPRINGFIELD, Plaintiff, v. ST. JOSEPH'S HOSPITAL, and Steven N. Mottaz, Trustee, Defendants.

United States Bankruptcy Court, S.D. Illinois.

November 14, 1991.

Attorney(s) appearing for the Case

John L. Schwartz, Springfield, Ill., for plaintiff.

Douglas Hambleton, Chicago, Ill., Emmett Fitzgerald, Alton, Ill., for debtor, defendant.

Steven N. Mottaz, Alton, Ill., trustee.

OPINION

KENNETH J. MEYERS, Bankruptcy Judge.

At issue in this case is whether the debtor's interest under a testamentary trust, which contains a "spendthrift" provision shielding the debtor's beneficial interest from the claims of creditors and restricting alienation, constitutes property of the debtor's bankruptcy estate under 11 U.S.C. § 541. Marine Bank of Springfield, trustee of the testamentary trust, has filed a motion for relief from stay, arguing...

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