In Re Fitzsimmons

896 F.2d 373 58 USLW 2538 , 20 Bankr.Ct.Dec. 173 , Bankr. L. Rep. P 73,273 In re Edward R. FITZSIMMONS, Debtor. Aneita LITCHFIELD; Heather Litchfield Mobarek; Shirley Foley; Darrel Litchfield, and Susan Litchfield, Plaintiffs-Appellees, v. M. NOLDEN, Trustee of the Chapter 7 Estate of Edward R. Fitzsimmons, Trustee-Appellant. No. 88-15013. United States Court of Appeals, Ninth Circuit. Argued and Submitted June 28, 1989. Decided Feb. 13, 1990. Kyle Gee, Oakland, Cal., for trustee-appellant. Jamie O. Harris, San Francisco, Cal., for plaintiffs-appellees. Appeal from the United States District Court for the Northern District of California. Before TANG, REINHARDT and WIGGINS, Circuit Judges. TANG, Circuit Judge: 1 M. Nolden (the "bankruptcy trustee") appeals the order of the district court reversing a summary judgment entered in the bankruptcy court. The district court ruled that the bankruptcy trustee could not reach the interest of Edward R. Fitzsimmons ("Fitzsimmons") in a trust which contained a forfeiture-on-alienation clause. We affirm. FACTS AND PROCEEDINGS BELOW 2 In 1970, Galen Litchfield established an inter vivos land trust (the "Litchfield trust") which was amended…