In re Carroll

Patricia Carroll, a co-debtor in this case ("Debtor"), filed her Motion for the court to "Determine Product Liability Settlement Is Not Property Of The Bankruptcy Estate." Motion, Dckt. 75. 1 Debtor has filed the declarations of her attorney (Dckt. 77) and herself (Dckt. 78) in support of the Motion. In addition, Debtor has filed as documentary evidence the FDA July 2011 Urogynecologic Surgical Mesh Update in support of the Motion. Dckt. 79.

Michael McGranahan, the Chapter 7 Trustee ("Trustee"), filed his Opposition to the Motion. Dckt. 87. Additionally, three declarations were filed in opposition to the Motion: Declaration of Trustee's Counsel (Dckt. 88), Declaration of Trustee (Dckt. 89), and Declaration of Counsel for Class Action Settlement (Dckt. 90). The Trustee filed documentary evidence opposing the Motion and asserting the interests of the bankruptcy estate in this case ("Bankruptcy Estate") in the claims, which included the Debtor's Schedules, Class Action Settlement documents, and the FDA July 2011 Urogynecologic Surgical Mesh Update (same as submitted by Debtor). Dckt. 91.

Debtor responded, presenting rebuttal evidence in the form of a second Declaration by Debtor's…