Law v. Stover (In re Law)

Jan

2006

Ruling

Debtors were denied exemption of their federal child tax credit refunds since the refunds were contingent interests in future payments and thus were estate property.

Procedural posture

Appellant debtors challenged orders of the bankruptcy court entered on June 27, 2005, and June 29, 2005, in each of these cases sustaining the objection of appellee, the chapter 7 trustee, to debtors'claim of exemption in the portions of their federal tax refunds attributable to the federal child tax credit.

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Court :

Judge or Jurisdiction information not available

opinion summary, case decided on January 26, 2006 , LexisNexis #0206-011

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11 U.S.C.

In re Lott

Oct

2005

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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Court :

Eastern District of Michigan ( Judge Shapero ) [ Bankruptcy Court ]

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

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