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IN RE MAY

Bankruptcy No. 87-1038-BKC-6P7, Adv. No. 87-209.

83 B.R. 812 (1988)

In re Barbara J. MAY, Debtor. SCOTT W. PUTNEY, TRUSTEE, INC., Plaintiff, v. Barbara J. MAY, Defendant.

United States Bankruptcy Court, M.D. Florida, Orlando Division.

March 7, 1988.

Attorney(s) appearing for the Case

Scott W. Putney, Orlando, Fla., Trustee.

David R. McFarlin, Orlando, Fla., for defendant.

MEMORANDUM OPINION

GEORGE L. PROCTOR, Bankruptcy Judge.

This adversary proceeding is before the Court upon cross-motions for summary judgment. The issue presented is the right of the bankruptcy trustee to reach benefits under a testamentary trust when there is no enforceable spendthrift provision.

THE FACTS

On April 28, 1987, the defendant herein filed a voluntary petition for relief under Chapter 7 of the Bankruptcy Code. 11 U.S.C. §...

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