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IN RE WITKO

No. 03-16188.

374 F.3d 1040 (2004)

In re: Alfred J. WITKO, Debtor. Alfred J. Witko, Defendant-Appellant, v. Deborah C. Menotte, Trustee, Plaintiff-Appellee.

United States Court of Appeals, Eleventh Circuit.

June 25, 2004.

Attorney(s) appearing for the Case

Kevin C. Gleason, Kevin C. Gleason, P.A., Ft. Lauderdale, FL, for Witko.

Michael Richard Bakst, Adorno & Zeder, PA, West Palm Beach, FL, for Plaintiff-Appellee.

Before BLACK and MARCUS, Circuit Judges, and SMITH, District Judge.

SMITH, District Judge:

Alfred J. Witko (Witko) appeals the district court's award of his legal malpractice claim to his bankruptcy estate. On appeal, Witko argues that he filed his bankruptcy petition before his legal malpractice cause of action accrued and that the legal malpractice, upon which he bases his claim, did not damage the bankruptcy estate. We conclude that Witko's cause of action is not property of his estate and, accordingly, we reverse.

I....

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