When there’s a joint bank account and a bankruptcy filing, good intentions can quickly go sour. The bankruptcy trustee sees a pile of money in the bank to which the debtor has access, even though the account also bears the name of someone not in bankruptcy. If the debtor can get the money, the trustee contends, so can a bankruptcy...
From the Editor – An Assortment
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By The Honorable William Houston Brown (Retired)
Postpetition Property of Estate - Inheritance received more than 180 days postpetition included in property of estate. Section 1306(a)(1) broadens § 541(a)’s definition of property of the estate, to include all property acquired after commencement of the case, not limited by § 541(a)(5)’s 180-day postpetition limit, agreeing with Carroll v. Logan, 735 F.3d 147 (4th Cir. 2013). The inheritance must be turned over, unless the debtors modified their plan to increase distribution to unsecured creditors. Dale v. Maney (In re . . .
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