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IN RE HOFF

No. 10-50462.

644 F.3d 244 (2011)

In the Matter of Terry L. HOFF; Lisa W. Hoff, Debtors. C. Daniel Roberts, Trustee, Appellee, v. Peggy McConnell, as Trustee of the Terry L. Hoff Heritage Trust; Terry L. Hoff, Appellants.

United States Court of Appeals, Fifth Circuit.

As Revised June 29, 2011.

Attorney(s) appearing for the Case

Eric Jay Taube (argued), Sarah Elizabeth Starnes , Hohmann, Taube & Summers, L.L.P., Austin TX, for Appellee.

James Vincent Hoeffner , Bankruptcy Counsel (argued), Christopher H. Trickey , Graves, Dougherty, Hearon & Moody, P.C., for Appellants.

Before: SMITH, WIENER, and OWEN, Circuit Judges.

WIENER, Circuit Judge.

In 1990, Mary McConnell ("Mary") created the Terry L. Hoff Heritage Trust ("the Trust") inter vivos, as a spendthrift trust1 for the sole benefit of her grandson, Appellant Terry L. Hoff ("Hoff"), who was 22 years old at the time. Mary funded the Trust with $100 and designated her daughter, Appellant Peggy McConnell ("Peggy")—Hoff's mother—to serve as the sole trustee. As an exception to the Trust's...

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