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IN RE SHURLEY

Bankruptcy No. 92-70484-RBK. Adv. No. 93-7020-RBK.

171 B.R. 769 (1994)

In re Billy R. SHURLEY and Jane Bryant Shurley, Debtors. TEXAS COMMERCE BANK-SAN ANGELO, N.A., Texas Commerce Bank-Austin, N.A., and Dennis Elam, Chapter 7 Trustee, Plaintiffs, v. Billy R. SHURLEY and Jane Bryant Shurley and William H. Armstrong, II, Trustee, Defendants.

United States Bankruptcy Court, W.D. Texas, Midland-Odessa Division.

August 29, 1994.

Attorney(s) appearing for the Case

John P. Higgins, Payne & Blanchard, L.L.P., Dallas, TX, for debtors Billy R. Shurley and Jane Bryant Shurley.

Michael G. Kelly, Odessa, TX, for Dennis Elam, Chapter 7 Trustee.

Eric J. Taube, Austin, TX, for Texas Commerce Bank-Austin, N.A.

Henry H. McCreight, Jr., Houston, TX, for Texas Commerce Bank-San Angelo, N.A.

AMENDED OPINION

RONALD B. KING, Bankruptcy Judge.

The question in this proceeding is whether the Debtor's interest as the beneficiary of a family trust is property of the Chapter 7 bankruptcy estate. This Court holds that the Debtor's interest in the trust is property of the estate because it does not qualify for spendthrift trust or discretionary trust protection under section 541(c)(2) of the Bankruptcy...

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