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Re: t1215s post# 652292

Saturday, 03/20/2021 5:29:43 PM

Saturday, March 20, 2021 5:29:43 PM

Post# of 727405
I do not understand the point you are trying to make by the bolded language. If you are trying to argue that the trust ends when Walrath says it does, I disagree. The trust is a creature of Delaware law and ends when a Certificate of Cancellation is duly filed according to state law notwithstanding Walraths order that it be dissolved on or before March 19th and/or that her order was not appealed and is final. Her deadline was directed at the wind-up administrators not the State of Delaware. Failure to timely dissolve before the deadline doesn't strike me as being subject to contempt because Walrath was informed beforehand that litigation may prevent meeting that deadline. If your point was something else, have at it.

Added: How would Walrath determine if the administrators were in contempt? She would look to Delaware law and see that the state requires a Certificate of Cancellation before the trust is deemed dissolved and look to see if and when such certificate was filed.
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