properly. The Court will not vacate the order, docket # 18. 1 . Paragraphs 7 and 8 of Merck's motion state: On the Petition Date, along with his voluntary petition, the Debtor filed his schedules of assets and liabilities and statement of financial affairs. Despite Schedule B's requirement that debtor identify contingent and unliquidated claims of every nature, Mr. Miller affirmatively indicated that he had no such claims. Based upon those sworn schedules, on March 3, 2004, the Trustee filed a Report of No Distribution (the "Report''). [Emphasis supplied.] 2 . Bankruptcy Code § 1129(a)(6). 3 . Collier on Bankruptcy ¶ 541.08 (Matthew Bender & Co. 15th Ed. Rev.). 4 . Collier on Bankruptcy ¶ 554.03 (Matthew Bender & Co. 15th Ed. Rev.); In re Lehosit, 344 B.R. 782 (Bankr.N.D.W.Va.2006) (<HOLDING>); In re Hamlett, 304 B.R. 737
holding that an undisclosed cause of action which existed at the time of filing remained an asset of the estate and allowing the debtor to reopen the case to formally schedule the cause of action holding that a cause of action for wrongful death is an asset of an estate recognizing cause of action holding that under the rule against splitting a cause of action a new claim for damages is not barred if the underlying cause of action had not accrued at the time of filing the previous lawsuit recognizing the cause of action