Tuesday, November 5, 2013

Chapter 13 - Property of the Estate INCLUDES Post-Petition Assets - (4th Cir Published)

In a Chapter 13 case, post-petition assets such as a personal injury claim and even an inheritance is property of the Estate.  The 4th Circuit was faced with an inheritance which arose more than 180 days after filing.  The Debtor contended it was not property of the Estate and the Trustee argued otherwise.  The Court found that it was property of the Estate.

In re Carroll - 4th Cir. Published 13-1024

Also, see the 5th Circuit case which was mentioned in this blog

Continuing Duty to Disclose Assets in a Chapter 13

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