Post-Confirmation Inheritance Included in Chapter 13 Bankruptcy Estate

By Ansley Owens, Contributing Writer and Intern for the NACTT Academy (Nashville, TN)

If a Chapter 13 Debtor receives an inheritance during a Chapter 13 bankruptcy case, the property creates a problem for the debtor if the asset is part of the bankruptcy estate, since the trustee would have jurisdiction over the property.

Suppose a Chapter 13 Debtor inherited 50% of a property in 2013 that will sell with escrow tomorrow. Of the $200,000 he would realize from the sale, the debtor will get $140,000 after accounting for capital gains of 30%. The Chapter 13 Debtor . . .

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