Dietz v. Barth (In re Barth)
Feb
11
2013
Ruling
Postpetition payments to debtor from Indian community for gaming operation were not property of the estate.
Procedural posture
Bankruptcy trustees filed adversary proceedings in three chapter 7 bankruptcy cases, seeking orders requiring debtors, who were all members of the Lower Sioux Indian Community, to turn over postpetition payments they received from the Community. The debtors opposed the trustees' actions, and the parties filed cross-motions for summary judgment.
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Court
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