I do not believe the debtor has a vested present interest. Someone else
created the trust and placed the property in the trust and the debtor's are
33% beneficiaries under the trust.
On Fri, Jan 31, 2014 at 12:53 PM, John Faucher wrote:
> Larry's question is a good one. I've got a more fundamental one: who owns
> the 33% interest, the trust or the debtor? In other words, is the debtor a
> 33% beneficiary of a spendthrift trust? Or does the debtor own 33% of the
> property, and the trust owns the other 67%?
> - John D. Faucher
>
>
> ------------------------------
> *From:* Larry Webb
> *To:*
cdcbaa@yahoogroups.com
> *Sent:* Friday, January 31, 2014 12:30 PM
> *Subject:* RE: [cdcbaa] spendthrift provision in trust and bankruptcy
> crossover
>
>
> Does the debtor have a vested present interest?
>
>
>
> Best regards
>
>
> Larry Webb
> State Bar of California 229344
> Central District California
> "A Debt Relief Agency"
> Check out my Blog
>
>
> Larry@webbklaw. com
> Law Offices of Larry Webb
> 484 Mobil Ste 43
> Camarillo Ca 93010
>
> P 805.987.1400
> F 805.987.2866
> C 805.750.2150
>
>
>
> *From:*
cdcbaa@yahoogroups.com [mailto:
cdcbaa@yahoogroups.com] *On Behalf
> Of *Yelena Gurevich
> *Sent:* Friday, January 31, 2014 12:09 PM
> *To:*
cdcbaa@yahoogroups.com
> *Subject:* [cdcbaa] spendthrift provision in trust and bankruptcy
> crossover
>
>
> Scenario: debtor has a 33% interest in property that is in a trust with a
> spendthrift provision.
>
> Can a ch 7 bankruptcy trustee reach through the trust and the spendthrift
> provision to obtain the property or charge the debtor for their portion of
> the value of the property or does the spendthrift provision prevent the ch
> 7 trustee from touching this property?
>
> --
> Best Regards,
> Yelena Gurevich, Esq.
> (818) 732-9083
>
attylenagurevich@gmail.com
>
www.calgroup.org
>
>
>
Best Regards,
Yelena Gurevich, Esq.
(818) 732-9083
attylenagurevich@gmail.com
www.calgroup.org
I do not believe the debtor has a vested present interest. the debtor's are 33% beneficiaries under the trust.
On Fri, Jan 31, 2014 at 12:53 PM, John Faucher <
j.d.faucher@sbcglobal.net> wrote:
The post was migrated from Yahoo.