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In re Lott

In re Lott

Ruling
Debtor's interest in the proceeds of a wrongful death action of her mother's estate was property of the estate since it was at least a prepetition contingent right to the proceeds.
Procedural posture

The bankruptcy court granted the chapter 7 trustee's motion to reopen the debtors' case. The issue was whether the wife debtor's interest in the proceeds of an action for the wrongful death of her mother were property of the estate. The trustee claimed that the debtor's interest in the wrongful death action proceeds was property of the estate because that interest, and the cause of action, arose on the prepetition date of death.

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opinion summary, case decided on October 14, 2005 , LexisNexis #0106-090