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In re Wesley High Elk and Imogene High Elk

Bankr. No.: 
88-30012
Chapter: 
7
Date of Decision: 
December 13, 1988
Issue: 
Whether a wrongful death cause of action under South Dakota law survives the death of the claim holder so as to be Assignable?
Ruling: 
Yes. Stipulation under which a wrongful death claim was assigned to a creditor is approved. City of Sturgis v. Walker, 116 N.W.2d 803 (S.D. 1962); Steckman v. Silver Moon Tours, 90 N.W.2d 170 (S.D. 1958).
Full Bankruptcy Court Decision: