From the Editor’s Desk – Postpetition Property • NACTT Academy

From the Editor’s Desk – Postpetition Property

By The Honorable William Houston Brown (Retired)

Inheritances received post-confirmation are property of estate. In both Chapter 13 cases, the debtors received inheritances more than 180 days after the petition filings, with the court holding that “§ 1306(a) governs the general provision of § 541(a)(5), and the 180-day language of § 541(a)(5) does not apply in a Chapter 13 case.” The court found In re Vannordstrand, 2007 WL 283076 (BAP 10th Cir. Jan. 31, 2007) persuasive in its reasoning that § 1306(a) broadens the definition of estate property. The court . . .

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