Federal 7th Circuit Court
Civil Court
Bankruptcy
Bankruptcy Ct. erred in transferring debtor’s $200 per month annuity to debtor’s ex-wife when resolving instant bankruptcy petition, where debtor and ex-wife had previously entered into marital settlement agreement that debtor would pay ex-wife $200 per month in lieu of ex-wife’s interest in said annuity. Record showed that ex-wife was mere creditor of estate, such that debtor’s interest in annuity should not have been transferred to ex-wife. As such, if and when ex-wife receives payment for all of her claims filed with bankruptcy estate, she will be able to pursue any independent claim against debtor for payment obligations accruing after date that bankruptcy petition was filed.