MATTER OF WISCHAN

Nos. 95-30425, 95-30426.

77 F.3d 875 (1996)

In the Matter of Ronald WISCHAN, Debtor. Ronald WISCHAN, Appellant, v. David V. ADLER, Appellee. In the Matter of Philip DE NICOLA, Debtor. Philip DE NICOLA, Appellant, v. David V. ADLER, Appellee.

United States Court of Appeals, Fifth Circuit.

March 19, 1996.


Attorney(s) appearing for the Case

Anne LaCour Neeb, David L. Neeb, Metairie, LA, for appellants in both cases.

Emile L. Turner, Jr., Turner, Young, Hebbler & Babin, New Orleans, LA, for appellee in both cases.

Before JOLLY, JONES and BENAVIDES, Circuit Judge.


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...

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