Acquisition of Post-Confirmation Property in Chapter 13: What Remains of the Estate?

By Leo G. Spanos, Senior Staff Attorney to Martha G. Bronitsky, Chapter 13 Trustee, Northern District of California (Oakland Division)

Courts around the country are split on whether property acquired post-chapter 13 confirmation remains property of the estate or vests in the debtor for all purposes absent contrary language in the plan or confirmation order under 11 U.S.C. § 1327(b).1 The relevant statutory provisions are §§ 541(a), 1306(a), 1327(b), 1329(a)(1), and Fed. R. Bank. Proc. (“Bankruptcy Rule”) 1007(h).

Section 541(a) defines property of the . . .

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