1306

An Inheritance Received More than 180 Days After Filing Is Chapter 13 Estate Property

Majority of courts hold that the temporal limitation on inheritances in Section 541(a)(5) is nullified in chapter 13 by Section 1306(a).

An Involuntary Conversion of an Individual Case to Chapter 11 Violates the Thirteenth Amendment

An Involuntary Conversion of an Individual Case to Chapter 11 Violates the Thirteenth Amendment By Brett Weiss Historically, the Bankruptcy Code has not allowed creditors to force individuals to reorganize. A debtor must voluntarily choose to file under chapters 12 and

Consumer Bankruptcy Jul 22, 2025

To Tell or Not to Tell Isn’t Really a Question: A Debtor’s Duty to Disclose

To Tell or Not to Tell Isn’t Really a Question: A Debtor’s Duty to Disclose By Hon. Elizabeth L. Gunn and Nisha R. Patel 1 The filing of a bankruptcy petition creates an estate comprised of “virtually all the debtor’s assets,” 2 or, more specifically, “all legal or

Consumer Bankruptcy Jul 22, 2025

“What Happens Post-Petition Stays Post-Petition!”: A Debtor Is Not Required to Disclose Assets Acquired Beyond the Subset of § 541(a)(5) Property Within 180 Days of the Petition

“What Happens Post-Petition Stays Post-Petition!”: A Debtor Is Not Required to Disclose Assets Acquired Beyond the Subset of § 541(a)(5) Property Within 180 Days of the Petition By David Cox At the outset, it is important to clarify the issue that this article addresses

Giving Debtors Their Fair Shake: What Happens to Nonexempt Equity Increases in Debtors’ Homes in Converted Chapter 7 Cases

Giving Debtors Their Fair Shake: What Happens to Nonexempt Equity Increases in Debtors’ Homes in Converted Chapter 7 Cases By Andrew Bates 1 Following decisions from the Eighth and Ninth Circuits, chapter 13 filers could find themselves in a difficult predicament