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
File:
Judge:
Date:
Wednesday, August 28, 2002