Post-Petition Causes of Action, Inheritances and Windfalls Are Property of the Estate and Must Be Reported to the Trustee – Part 1 of 5

By John P. Gustafson, United States Bankruptcy Judge, Northern District of Ohio, Western Division

A. Property Acquired After The Filing Of The Chapter 13 Case: The Different Approaches.

1. Property Acquired Post-Petition vs. Property “Vesting In The Debtor”.

The broad issue of what becomes property of the Chapter 13 estate post-petition involves consideration of two Bankruptcy Code sections, §1306(a) and §1327(b). There are three basic approaches to how to reconcile the fact that . . .

It looks like you are not signed in or registered! This content is only available to members.

Or sign in below:

No Author Biography has been linked to this Article.

Retirement: No Court Scheduling, Fewer Meetings, More Planning

The NACTT Emeritus Trustees

February 8, 2026

Updates and some practical advice from a few of our very favorite retired trustees.

Certiorai Denied in Evans and Doll

The Honorable William Houston Brown

February 25, 2024

Second Circuit case still pending.

Members

Meet A Newish Trustee

July 28, 2019

Tiffany M. Cornejo was appointed as the Chapter 13 Standing Trustee for the District of New Mexico on December 1, 2017. She took the reins from retiring Kelley Skehen. Ms. Cornejo received her Bachelor of Science in Journalism (B.S.J.) degree at the University of Kansas in Lawrence in 2002 and remained there to obtain her Juris Doctor in 2005. She...

Critical Case Comment

January 26, 2020

By Henry E. Hildebrand, III, Chapter 13 Standing Trustee for the Middle District of Tennessee (Nashville) When a case converts from Chapter 13 to Chapter 7 prior to the confirmation of a plan, the Chapter 13 Trustee is not permitted to divert funds from the debtor to the debtor’s attorney. In re Lettie, 597 B.R. 637 (Bankr. E.D Wis. 2019)...

Members

Serendipity, a Tribute to Judge Jack B. Schmetterer

March 14, 2021

By Mark S. Wheeler, Staff Attorney to M.O. Marshall, Standing Chapter 13 Trustee (Chicago, IL) (Used with expressed permission. Published February 2021 in the Northern District of Illinois Bankruptcy Court Liaison Committee Newsletter.) Despite appearing before the Senior Bankruptcy Judge for the Northern District of Illinois perhaps hundreds of times over the last 29 years, I was uncharacteristically nervous to...

Ask Ms. Ps & Qs

December 8, 2019

By Professor Nancy Rapoport Dear Readers: I know, I know—I’ve been absent from this column for a while,1 but I’ve found a set of cases that intrigued me, so here goes. In several cases, bankruptcy courts here in Nevada have made it clear that lawyers should do a better job of proving up their fees (and proofreading them), especially when...

Members

Separately Classifying Student Loans in Chapter 13

Scott Waterman

May 12, 2024

Big news . . . Sneak peak . . . Coming in July . . . You are gonna want this article (just sayin’) Starting July 1st, Chapter 13 debtors in Federal Student Loan income-driven repayment plans will no longer need to classify their student loans separately to receive IDR credit. Credit towards forgiveness will be awarded for each month of trustee payments, regardless of payments made directly to the Department of Education.

Members

NDC Small Sponsorship Program

The Academy

March 22, 2026

The National Data Center provides small sponsorships of up to $2,000 for educational consumer bankruptcy seminars, when approved pursuant to its guidelines and when funds are available.

What to Think About When You’re Thinking About Litigating: One Attorney’s Perspective

Beverly M. Burden

June 29, 2025

Bankruptcy professionals must weigh when to litigate, compromise, or concede in resolving disputes. The key is to choose a path based on clear judgment rather than emotion or ego.

Members

Did You Really Rely Upon That?

Angela M. Scolforo

September 11, 2022

The Mississippi Bankruptcy Court in The Huntington National Bank vs. Ashley Mosby, case #21-11614, adversary case #21-1028, on September 1, 2022, denied the bank’s request to declare a debt non-dischargeable because the bank did not rely upon the debtor’s false statement. In this case the Debtor purchased a 2020 Dodge Challenger, financed by the bank, without disclosing she intended to...

Members

Post-Petition Causes of Action, Inheritances and Windfalls Are Property of the Estate and Must Be Reported to the Trustee – Part 1 of 5

Link to Post:

It looks like you are not signed in or registered! This content is only available to members.

Or sign in below:

Related Articles

Retirement: No Court Scheduling, Fewer Meetings, More Planning

Certiorai Denied in Evans and Doll

Meet A Newish Trustee

Critical Case Comment

Serendipity, a Tribute to Judge Jack B. Schmetterer

Ask Ms. Ps & Qs

Separately Classifying Student Loans in Chapter 13

NDC Small Sponsorship Program

What to Think About When You’re Thinking About Litigating: One Attorney’s Perspective

Did You Really Rely Upon That?

Academy

Members

Website

Legal

Looking to Become a Member?

Webinars

Member Articles

Industry News

To get started, please let us know which of these best fits your current position: