New Cases For the Week of March 3, 2003 - March 7, 2003

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March 4, 2003

Case

Court

Holding

In re Kolb
(DBN Subscription Required)
9th Cir. Although a debtor's contingent interest in a trust can be excluded from property of the estate by a disclaimer effective under State probate law, such an interest can also be accepted prior to vesting by acts of the debtor. By listing the trust interest on prepetition loan applications without disclosing that it was a contingent interest, the debtor accepted the interest and was precluded from disclaiming it.
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