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In re Kedrowski, Case No. 00-54870-7 (08/28/2002) (284 B.R. 439) -- Judge Thomas S. Utschig

Case Summary:
Chapter 7 trustee sought turnover of debtor’s “per capita” distribution from tribal revenues.   The debtor was an “enrolled member” of the Ho-Chunk Nation and as such was entitled to receive a per capita distribution from gaming revenues if the tribe elected to make a distribution.  In the past, she had received approximately $8,000 a year.  The court concluded that the debtor’s “right” to receive this money constituted property of the estate, much as if the debtor held stock in a business.  The trustee’s motion for turnover was granted.

Statue/Rule References:
11 U.S.C. § 541 -- Property of the Estate

Key Terms:
Property of the Estate


Date: 
Wednesday, August 28, 2002