Legal Opinion
Wischan v. Adler (In re Wischan)
Court of Appeals for the Fifth Circuit
Decided March 19, 1996No. Nos. 95-30425, 95-30426PublishedCited by 17 opinions
1Opinion of the Court
EDITH H. JONES, Circuit Judge:
These consolidated appeals present the question whether, upon filing a bankruptcy petition under Chapter 7, the debtor’s entire interest in a pre-petition personal injury claim becomes property of the estate under 11 U.S.C. § 541(a)(1). In both cases, the bankruptcy and district courts held that the debtor’s entire interest was indeed property of the estate. The debtors contend that some portion of the awards for future pain and suffering involve post-petition events and should not be included as property of the debtors’ estates. We agree with the trial court and…
2Cases cited5 opinions
- United States v. Whiting Pools, Inc.Supreme Court of the United States · 1983
- Henry Clay Tignor v. William C. Parkinson, Jr., in Re Henry Clay Tignor, DebtorCourt of Appeals for the Fourth Circuit · 1984
- Sierra Switchboard Co. v. Westinghouse Electric Corp.Court of Appeals for the Ninth Circuit · 1986
- West v. OrtegoSupreme Court of Louisiana · 1975
- In Re RichardsUnited States Bankruptcy Court, D. Nevada · 1986
3Cited by17 opinions
- Dionte Tyler v. DH Capital Management, Inc.Court of Appeals for the Sixth Circuit · 2013
- In Re TomaioloUnited States Bankruptcy Court, D. Massachusetts · 1997
- In Re BallardUnited States Bankruptcy Court, M.D. Louisiana · 1999
- Matter of WilliamsUnited States Bankruptcy Court, M.D. Georgia · 1996
- E2 Creditors' Trust v. Farris (In Re E2 Communications, Inc.)United States Bankruptcy Court, N.D. Texas · 2004
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