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In re Donna J. Neely

18-81432
Debtor’s objection to a claim alleging breach of fiduciary duty with respect to various family trusts was sustained in part and overruled in part following trial, finding that Claimants: (1) had standing as contingent trust beneficiaries to bring their claim; (2) failed to meet their burden pursuant to nonbankruptcy substantive law to show that certain of the challenged actions of the Debtor were contrary to the terms of the trust and partnership instruments; and (3) made a sufficient evidentiary showing to maintain a portion of their contingent claim relating to Debtor’s pre-petition transfer of partnership interests to herself for no consideration. Based on the evidence submitted, the court then determined the value of the disputed partnership interests. The Claimants’ post-trial request for leave to conduct third-party discovery and amend their claim was denied.

Date: 
Monday, September 30, 2019