IN RE RENS

BAP No. SC-20-1131-LGH Bk. No. 17-04050-LA7 Adv. No. 19-90067-LA.

633 B.R. 594 (2021)

IN RE: Robert Duane RENS, Debtor. Cheri Lee Hubka Sparhawk, as Trustee of the Trust Agreement of Elmer Rens and Jeanne Rens, dated January 6, 1977, also known as the Elmer and Jeanne Rens Trust, Appellant, v. Gerald H. Davis, Chapter 7 Trustee; Robert Duane Rens; Rens Children, Jennifer, Jeffrey, Jody, and Julie (Smith), Appellees.

United States Bankruptcy Appellate Panel of the Ninth Circuit.

Filed October 29, 2021.


Attorney(s) appearing for the Case

Jon R. Williams of Williams Iagmin LLP, San Diego, argued for appellant;

Richard C. Norton of Norton Moore & Adams, LLP, argued for appellee Gerald H. Davis, Chapter 7 Trustee;

Benazeer Roshan of Greenberg Glusker Fields Claman & Machtinger LLP, argued for intervening appellees Rens Children, Jennifer, Jeffrey, Jody, and Julie (Smith).

Before: LAFFERTY, GAN, and HESTON, Bankruptcy Judges.


OPINION

INTRODUCTION

This appeal requires us to determine the extent of a bankruptcy estate's interest in, and—perhaps more importantly—its ability to realize upon, future distributions from an inter vivos trust. Cheri Lee Hubka Sparhawk, in her capacity as Trustee of the Elmer and Jeanne...

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