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IN RE ZUKERKORN

BAP No. NC-11-1506-JuKiJo. Bankruptcy No. 10-13626.

484 B.R. 182 (2012)

In re Herbert M. ZUKERKORN; Jennifer Zukerkorn, Debtors. Linda S. Green, Chapter 7 Trustee, Appellant, v. Herbert M. Zukerkorn; Jennifer Zukerkorn, Appellees.

United States Bankruptcy Appellate Panel of the Ninth Circuit.

Decided December 19, 2012.

Attorney(s) appearing for the Case

John H. MacConaghy, Esq. , MacConaghy & Barnier, PLC, Sonoma, CA, argued for appellant Linda S. Green, Chapter 7 Trustee; Daniel Sturm, Esq. , San Rafael, CA, argued for appellees Herbert M. Zukerkorn and Jennifer K. Zukerkorn.

Before: JURY, KIRSCHER, and JOHNSON, Bankruptcy Judges.

OPINION

JURY, Bankruptcy Judge.

Chapter 71 trustee, Linda S. Green (the "Trustee"), moved to compel turnover of all or some of the income distributed to debtor, Herbert M. Zukerkorn ("Herbert"), under a spendthrift trust. The Trustee's motion and amended motion raised issues regarding (1) the enforceability of the trust's choice of law clause which designated Hawaii as the governing law; (2) the validity of the trust's spendthrift...

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