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IN RE GILROY

Bankruptcy No. 96-13120-CJK. Adversary No. 97-1700.

235 B.R. 512 (1999)

In re Kathleen GILROY, Debtor. Jonathan D. Yellin, Chapter 7 Trustee, Plaintiff, v. Kathleen Gilroy, Individually and as Trustee of the Michael S. Gilroy Revocable Trust, Defendant.

United States Bankruptcy Court, D. Massachusetts.

July 1, 1999.

Attorney(s) appearing for the Case

Mary DeNevi, Boston, MA, for Debtor.

Jonathan D. Yellin, Boston, MA, Chapter 7 Trustee.

MEMORANDUM OF DECISION ON CROSS-MOTIONS FOR SUMMARY JUDGMENT

CAROL J. KENNER, Bankruptcy Judge.

By his complaint in this adversary proceeding, the Chapter 7 Trustee, Jonathan Yellin, seeks a declaration that the Debtor's beneficial interest in an Illinois spendthrift trust is an asset of her bankruptcy estate. He argues that the Trust is not a valid spendthrift because the Trust gives the Debtor, as its trustee, discretion over distribution of the...

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