When Chapter 13 Debtors Receive Windfalls – Part 2 of 3 • NACTT Academy

When Chapter 13 Debtors Receive Windfalls – Part 2 of 3

By Mark C. Leffler,1 Boleman Law Firm, P.C., Richmond, Hampton, and Va. Beach, Virginia

click here for Part I, click here for Part III

II. INHERITANCES AND LIFE INSURANCE RECEIVED MORE THAN 180 DAYS AFTER FILING: PROPERTY OF THE ESTATE OR NOT?

Compounding the complexity, even courts that view post-petition estates as continuing to accumulate property split from one another regarding the proper treatment of life insurance proceeds and inheritance received by a Chapter 13 . . .

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In a recent case out of South Carolina, rather than a debtor seeking sanctions against a creditor, it was the creditor’s counsel who sought sanctions against counsel for a Chapter 13 debtor in an adversary proceeding. Ruling on a Motion for Sanctions in James Defoe v. Winyah Surgical Specialists, P.A. doing business as Winyah Surgical Specialists (In re Defoe), 632...

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