By Ed Boltz, The Law Offices of John T. Orcutt, P.C. (Durham, NC) and Sarah Beth Withers, Inner Banks Legal Services (Washington, NC) DISCLAIMER: This article is not meant to provide specific advice about the formation of a 501(c)(3) non-profit corporation or the tax or other consequences of such. At most, this is intended to encourage Chapter 13 trustees and...
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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