Opinion Trustee v. Ulz, 07 A 1047
Issued June 6, 2008
Judge A. Benjamin Goldgar
view and download the opinion in pdf format here
the upshot: the bankruptcy estate consists of “all legal or equitable interests of the debtor in property as of commencement of the case” 11 U.S.C. § 541(a)(1) – and whether the debtor has an interest in that property to begin with is a matter of state law. In re Okon, 310 B.R. 603, 607 (Bankr. N.D. Ill. 2004). Illinois law looks beyond mere title to property and may even consider the debtor to be the “owner” of property titled in the name of another. 30A Illinois Law & Prac. Property §11 (1994).
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