IN RE STOLL

Bankruptcy No. 04-36572 (cgm), Adversary No. 05-9004.

330 B.R. 470 (2005)

In re Howard STOLL, Debtor. Thomas Genova, as Trustee for the Estate of Howard Stoll, Plaintiff, v. ESM Realty Trust, SFT Realty Trust, Ellen Miller, Kenneth Stoll and Howard Stoll, Defendants.

United States Bankruptcy Court, S.D. New York.

September 30, 2005.


Attorney(s) appearing for the Case

Warren Greher, New Windsor, NY, for Debtor.


MEMORANDUM DECISION GRANTING CHAPTER 7 TRUSTEE'S MOTION FOR SUMMARY JUDGMENT IN PART

CECELIA G. MORRIS, Bankruptcy Judge.

Summary judgment on the issue of whether the Debtor's interest in the trusts are property of the bankruptcy estate is granted in favor of the Chapter 7 Trustee "the trustee". The Court further finds that the beneficiaries of the trust should be treated as joint tenants in common of the assets held by the Defendant Trusts, and...

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