A chapter 7 trustee was allowed to pursue a medical malpractice claim that the debtor had failed to list in her papers, even where the trustee and the debtor had agreed to split the lawsuit proceeds.
In this New Hampshire case, Alward v. Johnston, 2017-0080 (N.H. Dec. 21, 2018), the state’s supreme court disagreed with other courts that the debtor’s conduct in omitting the asset should be imputed to the bankruptcy trustee.
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