Vesting and Property of the Estate

By Karin M. Bruce, Attorney Representing Chapter 13 Trustee Jan P. Johnson (Sacramento, CA)

Pursuant to 11 U.S.C. §1327(b), confirmation of a plan vests all of the property of the estate in the debtor unless the plan or the order confirming plan states otherwise. Most jurisdictions use a model chapter 13 plan which includes a provision allowing the debtor to have property of the estate revest in the debtor at confirmation of the chapter 13 plan. The proposed national form plan also includes such a provision. Although the form merely provides a simple “check the . . .

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