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D. Massachusetts· 7/17/1992

In Re Cowles

Citations

  • 143 B.R. 5
  • 1992 Bankr. LEXIS 1126
  • 1992 WL 174497

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • analyzing a hypothetical avoidance action for purposes of determining whether a Chapter 13 debtor’s liquidation analysis should include trust property
  • where debtor held pervasive power with regard to trust, the assets of the trust must be made available for satisfaction of the creditors’ claims
  • where debtor/settlor held pervasive power with regard to trust, the assets of the trust must be made available for satisfaction of the creditors’ claims
  • \The Court can allow the creditors to reach the assets of the trust without requiring revocation of the trust.\
  • “Commentators have noted that the importance of this case and others arriving at the same conclusion should not be underestimated, as prior to these recent decisions, a power of revocation was not regarded as an interest in property reachable by creditors.”

Source: CourtListener parenthetical corpus (CC0).

Judges: James A. Goodman

Read full opinion on CourtListener

Cited by

15 cases in this archive cite this case.

Cites

11 cases in this archive are cited by this case.

Other cases named In Re Cowles

6 other CourtListener records share this case name.

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.