Holter v. Resop (In Re Holter)

MEMORANDUM DECISION

ROBERT D. MARTIN, Bankruptcy Judge.

Thomas Holter filed a chapter 7 case on May 5, 2008. On May 31, 2008, his aunt, Mabel Holter, died. Mabel was the owner of two Payable On Death accounts that named six beneficiaries. One of the beneficiaries was Holter. Holter received one check for $17,972.75 and another for $11,665.18 pursuant to the terms of the accounts. Holter’s attorney then turned over the $17,972.75 check and $1,425.18 of the second check to the chapter 7 trustee, Claire Ann Resop, in the belief that he had inherited property within 180 days of the filing of the…