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IN RE HILGERS

Bankruptcy No. 04-11019, Adversary No. 04-5281.

352 B.R. 298 (2006)

In re Phillip L. HILGERS, Nanette Hilgers, Debtors. D. Michael Case, Trustee, Plaintiff, v. Stephen A. Hilgers, as Trustee of the Blanche A. Hilgers Trust; Stephen A. Hilgers, as Trustee of the Jack E. Hilgers Trust; Phillip L. Hilgers, as Trustee of the Laverne W. Hilgers Trust; Phillip L. Hilgers and Turnbull Oil, Inc., Defendants.

United States Bankruptcy Court, D. Kansas.

September 25, 2006.

Attorney(s) appearing for the Case

Ross j. Wichman, Hays, KS, for Debtors.

J. Michael Morris, Wichita, KS, for Defendant.

D. Michael Case, Wichita, KS, trustee.

MEMORANDUM OPINION

ROBERT E. NUGENT, Chief Judge.

The chapter 7 trustee, D. Michael Case ("Case"), seeks a declaration that debtor Phillip Hilgers's ("Phillip" or "debtor") one-fourth remainder interest in the residue of three revocable inter vivos trusts is an asset of the bankruptcy estate and subject to turnover. Turnbull Oil, Inc.("Turnbull") also claims an interest in Phillip's remainder interest as a pre-petition garnishing judgment creditor...

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