Roberts v. McConnell (In re Hoff), No. 10-50462, 2011 BL 173369 (5th Cir. June 29, 2011) The United States Court of Appeals for the Fifth Circuit affirmed a district court’s judgment authorizing a chapter 7 trustee (“Trustee”) to recover for the benefit of the bankruptcy estate the portion of trust assets that a chapter 7 debtor-beneficiary was entitled to withdraw from the trust at the time of his bankruptcy filing. At the same time, however, the Fifth Circuit remanded with directions indicating that the district court should correct and calculate the value of the trust’s assets to which the Trustee was entitled.
Establishment of Trust
Lower Courts’ Rulings
Sole Settlor of Trust
Amounts and Timing of Debtor’s Withdrawal Rights
Fifth Circuit Affirms District Court’s Judgment and Remands
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