Section 6.31 Transfers to Self-Settled Trusts

• Library: Bankruptcy Practice (2007 Ed. + 2015 Cum Supp)

D. (§6.31) Transfers to Self-Settled Trusts

In 2005, 11 U.S.C. § 548 was amended to allow trustees to avoid transfers made to self-settled trusts. The term “self-settled trust” is not defined in the Bankruptcy Code. The absence of a definition could mean that courts have some latitude in their interpretation; however, the legislative history indicates that courts will turn to state law for a definition of the term. H.R. Rep. No. 109-31, pt. 1 (2005). Under Missouri law, a self-settled trust is created by...