FRBP 7012 Defenses and Objections.


Roberts v. McConnell (November 19, 2009)
Issue: Whether the Trust instrument gave the Debtor the right to withdraw money from the Trust at the time he filed for bankruptcy, thereby making the funds part of the bankruptcy estate?
Holding: According to the terms of the Trust, Debtor did not have the right to withdraw any money, and therefore this Court cannot force Trustee to remit any funds from the Trust. Defendants’ Motion to Dismiss Under Rule 12(b)(6) should be granted.