071792P.pdf   03/17/2009  Rita Fix  v.  First State Bank of Roscoe
   U.S. Court of Appeals Case No:  07-1792
                          and No:  07-1798
   U.S. District Court for the District of South Dakota   
   [PUBLISHED] [Bye, Author, with Beam and Gruender, Circuit Judges]
   Civil case - bankruptcy. The bankruptcy court did not err in finding
   that Fix did not retain an interest upon which to claim a homestead
   exemption when she conveyed by warranty deed the property in question
   to her son and daughter-in-law; at the time the bankruptcy was filed, and
   later when it was converted from a Chapter 13 to a Chapter 7, Fix's rights
   against the bank were part of the bankruptcy estate; four of the five
   causes of action Fix brought against the bank have sufficient roots in
   Fix's pre-bankruptcy activities to be considered to be part of the
   bankruptcy estate, even though the Bank's alleged breach of its promise
   to allow Fix to live in the home occurred post-petition; claim for
   intentional infliction of emotional distress was not so rooted in the pre-
   bankruptcy past to be part of the bankruptcy estate; release Fix signed in
   favor of the bank as part of a fraud settlement did not release this claim as
   it is a claim for intentional tort, and such claims cannot be released under
   South Dakota law.