in Re Jane McLean Brown’s Empirical Analysis

Citation profile

3 state decisions

Most-quoted passages

The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 14 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “The issue of self-settlement is separate from the issue of control, and either can serve as an independent ground for invalidating a spendthrift provision. See, e.g., In re Spenlinhauer, 182 B.R. at 363 (declining to address beneficiaries’ control over trust where the trust was self-settled and, therefore, the spendthrift provision was ineffective on that basis alone); In re Wheat, 149 B.R. at 1004 (“However, the Debtor’s degree of control is irrelevant in this case since one cannot create a spendthrift trust for oneself in Florida.”); Walro v. Striegel (In re Walro), 131 B.R. 697, 701 (Bankr.S.D.Ind.1991) (holding self-settlement prevented agreement from qualifying as a spendthrift trust, although beneficiary did not have any control over assets).”

   1 later decision quote this exact passage · from the majority
   e.g. Lassman v. Tosi (In Re Tosi)

2. “Indeed, when a person creates a discretionary trust for his own benefit ... his creditors can reach the maximum amount which the trustee under the terms of the trust could pay to him ... even though the trustee in the exercise of his discretion wishes to pay nothing to the beneficiary or to this creditors, and even though the beneficiary could not compel the trustee to pay him anything.”

   1 later decision quote this exact passage · from the majority
   e.g. 624 F. Supp. 2d 970 - Dexia Credit Local v. Rogan

3. “Florida law will not protect assets contained within a spendthrift trust to the extent the settlor creates the trust for her own benefit, rather than the benefit of another.”

   1 later decision quote this exact passage · from the majority
   e.g. 95 Mass. App. Ct. 248 - Levitan v. Rosen