Property of the Estate Focusing in on Section 348(f)
Is it or is it not property of the estate? That is, perhaps, the most fundamental issue in bankruptcy law, and yet it is a question that even the most seasoned insolvency professionals can discuss at length and still not be entirely sure of their conclusion. Such is the
Breaking the Information Monopoly The Perils to a Debtor of Modifying a Chapter 13 Plan
Should you let a sleeping dog lie? Chapter 13 plans, once confirmed, can be modified. However, modification triggers a re-examination of the debtor's affairs, including his or her income and assets. Absent a modification of a chapter 13 plan, usually only the debtors
Proofs of Claims A Look at the Forest
Over the course of the last several months, three submissions to the ABI Journal have dealt with proof-of-claim documentation and related issues. 1 This topic has sharply divided bankruptcy practitioners into the obvious segments of creditors vs. debtors, but has also
Post-petition Claims and the Automatic Stay in Chapter 13
What About Bob!" was a popular movie starring Bill Murray about a wacky guy who consumes and overwhelms his psychiatrist, played by Richard Dreyfuss. A similar question, "What about post-petition claims?", can likewise cause a feeling of being consumed and overwhelmed