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IN RE McCOY

Bankruptcy No. 10-17916. Adversary No. 11-00090.

464 B.R. 832 (2011)

In re Julie Anne Alberta McCOY, Debtor. Claire Ann Resop, Trustee, Plaintiff, v. Julie Anne Alberta McCoy, and Kevin J. McCoy, Trustee of Shirley J. McCoy Revocable Living Trust Dated April 6, 2000, Defendants.

United States Bankruptcy Court, W.D. Wisconsin.

December 21, 2011.

Attorney(s) appearing for the Case

Eliza M. Reyes, Von Briesen & Roper, S.C., Madison, WI, for Plaintiff.

Bret Nason, Lancaster, WI, for Defendants.

MEMORANDUM DECISION

ROBERT D. MARTIN, Bankruptcy Judge.

The plaintiff trustee seeks turnover of the interest in a trust. The defendant debtor contends that the trust is a "spendthrift trust" and that her interest in it is not part of her bankruptcy estate. A hearing on cross motions for summary judgment was held September 13, 2011. The parties have agreed to the following facts:

On April 6, 2000, Shirley...

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