[CLBS] Attorneys fees against the trustee in an adversarial

[Rocky Wixom]

The trustee just filed an adversarial complaint against my client
alleging failure to turnover or recover a vehicle for which my client
has her name on title.  The car was purchased four years ago when her
seventeen year old daughter took a $22,000 disbursement from a trust
that her grandfather had prepared for her. The check was payable
directly from the trust account to the car dealership.  The minor even
filed her own estate tax 1041 tax return that year showing her
disbursement of $22,000 in her favor.

The insurance company would not issue insurance to a minor so
Mom/debtor put her name on title.  At no time has mom EVER possessed
the car.

The car is currently worth around $12,000.

Mom never transferred legal title during the interim four years and
has now filed a chapter 7.

The Trustee had all of these facts prior to filing including a copy of
the check, trust, tax return and full explanation.



First, I am arguing an express or resulting trust in the vehicle
relying in part on (In Re Woods) to argue that the debtor holds only
"bare legal title" which is not property of the estate. I am arguing
that the vehicle is not property of the estate under 11 USC 541(d).
Secondly, I argue that if it is property of the estate then the
trustee would still have a duty to transfer the equitable title held
by the daughter.

 In the alternative I am claiming that the $7,000 exemption applies.


First, how strong is my argument?

Secondly, is there any way I can get attorney's fees against the
trustee assuming I prevail?  Frivolity, a statute, rule ????

Rocky
-- 
Rocky L. Wixom, Attorney at Law
(208) 542-5298

Wixom Law Office, Inc.
PO Box 51334
Idaho Falls, Idaho  83405

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