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Case Citations [1] (April 2023 - August 2023)

handle is hein.ali/relat1025 and id is 1 raw text is: THE AMERICAN LAW INSTITUTE Spring 2023 Citations TRUSTS CHAPTER 1. DEFINITIONS AND DISTINCTIONS TOPIC 1. DEFINITIONS § 1. Scope of the Restatement D.Colo.Bkrtcy.Ct.2022. Com. (b) cit. in disc. After spendthrift trust filed for Chapter 11 bankruptcy relief, secured creditor filed a motion to dismiss, alleging that debtor was not eligible for federal bankruptcy relief. This court granted secured creditor's motion to dismiss, holding that debtor was not a business trust such that it qualified for Chapter 11 relief, because the terms of the trust agreement creating debtor made no mention of business activities, and debtor's sole activity was maintaining a residential home for trust beneficiaries to live in without paying rent and taxes, which did not constitute a business purpose. In defining the term business trust for bankruptcy purposes, the court observed that Restatement of Trusts § 1, Restatement Second of Trusts § 1, and Restatement Third of Trusts § 1 declined to discuss business trusts in the greater context of trust law. In re Quadruple D Trust, 639 B.R. 204, 228. CHAPTER 7. THE ADMINISTRATION OF THE TRUST TOPIC 1. GENERAL PRINCIPLES § 167. Change of Circumstances Tex.2022. Cit. in case cit. in sup. After trustee of spendthrift trust brought an action for trust modification against cotrustee, cotrustee counterclaimed, alleging that plaintiff breached trust duties by failing to include defendant in trust decisions, because trust terms required unanimity among trustees when administering the trust, and seeking a jury trial to determine whether trust modification was appropriate. The trial court, among other things, denied defendant's request for a jury trial. The court of appeals reversed and remanded. This court reversed and remanded, holding that defendant was not entitled to a jury trial. The court observed that the relevant trust-modification statutes incorporated Restatement of Trusts § 167, which made no mention of a right to a jury trial during a petition to modify trust terms. Matter of Troy S. Poe Trust, 646 S.W.3d 771, 776. COPYRIGHT C2023 By THE AMERICAN LAW INSTITUTE All rights reserved Printed in the United States of America For earlier citations, see the Appendices, Supplements, or Pocket Parts, if any, that correspond to the subject matter under examination.

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