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IN RE BROWN

No. 01-16211.

303 F.3d 1261 (2002)

In re Jane McLean BROWN, Debtor. Deborah Menotte, Plaintiff-Appellant, v. Jane McLean Brown, Defendant-Appellee.

United States Court of Appeals, Eleventh Circuit.

August 28, 2002.

Attorney(s) appearing for the Case

Morris Gary Miller, Adorno & Zedes, P.A., West Palm Beach, FL, for Plaintiff-Appellant.

David Lloyd Merrill, Cohen, Conway, Copeland, Copeland, Paiva & Merrill, P.A., Fort Pierce, FL, for Plaintiff-Appellee.

Before EDMONDSON, Chief Judge, and BLACK and COX, Circuit Judges.

BLACK, Circuit Judge:

This case involves a Chapter 7 bankruptcy debtor seeking to exclude her interest in a trust from the bankruptcy estate. The trust, which was created by the debtor prior to insolvency, was established to provide income to the debtor for her lifetime with the remainder ultimately being given to several charities. Based on the presence of a spendthrift clause prohibiting assignment or alienation, the debtor contends her interest in the trust is...

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