Arizona Health Care Cost Containment System v. Nelson (In Re Yakel)

ORDER

BILBY, Chief Judge.

Appellant, Arizona Health Care Cost Containment System (“AHCCCS”), appeals a Bankruptcy Court decision ordering ap-pellee Miller & Pitt to turn over to appellee George Nelson, as bankruptcy trustee for Donald and Carol Yakel, funds obtained from the settlement of Yakel’s claims against a third party tortfeasor. AHCCCS claims $24,309.65 of the settlement represents medical costs incurred by AHCCCS in the treatment of Donald and Carol Yakel and as such are not property of the Yakel’s estate.

AHCCCS is required by A.R.S. § 36-2901, et seq. to seek reimbursement for “any…