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IN RE BRACKETT

Bankruptcy No. 7-83-01064 MA, Adv. No. 84-0177 M.

54 B.R. 57 (1985)

In re Theodore Addison BRACKETT, a/k/a Ted Brackett, and Eloise M. Brackett, Debtors. Walter L. REARDON, Jr., Trustee, Plaintiff, v. Theodore A. BRACKETT and Eloise M. Brackett, husband and wife, and Randall L. Brackett, Defendants.

United States Bankruptcy Court, D. New Mexico.

September 11, 1985.

Attorney(s) appearing for the Case

John F. Caffrey, Albuquerque, N.M., for defendants.

Sarah D. Smith, Albuquerque, N.M., for trustee.

MEMORANDUM OPINION

MARK B. McFEELEY, Bankruptcy Judge.

This matter came before the Court on plaintiff's motion for partial summary judgment against the defendants on Count I of the complaint. Count I of the complaint alleges that the debtors transferred all of their right, title, and interest in and to two parcels of real estate to the "Brackett Trust". Under the terms of that trust, each of the debtors has the right to demand in writing and receive from...

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