IN RE SPENLINHAUER

Bankruptcy No. 90-20750.

182 B.R. 361 (1995)

In re Robert J. SPENLINHAUER, Debtor.

United States Bankruptcy Court, D. Maine.

May 17, 1995.


Attorney(s) appearing for the Case

E. Stephen Murray, Murray, Plumb & Murray, Anthony E. Perkins, Bernstein, Shur, Sawyer & Nelson, Portland, ME, for debtor.

U. Charles Remmel II, Leland W. Chisholm, Kelly, Remmel & Zimmerman, Portland, ME, for Spencer Press, Inc.

Robert Checkoway, Asst. U.S. trustee, Portland, ME.


MEMORANDUM OF DECISION

JAMES B. HAINES, Jr., Bankruptcy Judge.

Submitted for decision on a stipulated record is the question whether the debtor's one-third beneficial interest in the JRS Realty Trust of Maine ("the Trust") is excluded from his bankruptcy estate under § 541(c)(2) of the Code. For the reasons set forth below, I conclude that the interest is within the estate because the Trust's transfer restrictions are not enforceable under applicable...

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