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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Critical Case Comment – No Approval No Pay

Henry E. Hildebrand, III

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From the Editor

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The Academy

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True. Most people no longer itemize under the current Tax Code. However, the amount of money involved varies and should be considered. The same very important debts that a Chapter 13 plan pays are often tax deductible. And your client is still the person who’s paying, even if the trustee writes the check. Don’t allow them to miss out on...

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