Critical Case Comment

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By Henry E. Hildebrand, III, Chapter 13 Trustee for the Middle District of Tennessee

Carroll v. Logan, 735 F.3d 147 (4th Cir. October 28, 2013) (Wynn). A post-petition inheritance received by a Chapter 13 debtor more than 180-days after the filing of the petition constitutes property of the estate and can be committed to fund a modified Chapter 13 plan.

Case Summary

In 2009, the Carrolls filed a Chapter 13 petition proposing five years of payments that would apparently not pay all unsecured claims in full. Three years after this filing, the debtors . . .

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