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Section 348(f) - postpetition personal injury
In this case, the debtor had significant health problems to begin with and
is having a high risk pregnancy, so the conversion had nothing to do with
the potential PI recovery, which might not even be that much. She just
can't afford the plan payments any more since she will be out of work for 8
or 9 months. She did not incur any new debt during her chapter 13 (I know,
unheard of!).
Holly Roark
holly@roarklawoffices.com
www.roarklawoffices.com
Central District of California
Consumer Bankruptcy Attorney
1875 Century Park East, Suite 600
Los Angeles, CA 90067
T (310) 553-2600
F (310) 553-2601
On Wed, Apr 4, 2012 at 6:23 PM, Dennis McGoldrick wrote:
> **
>
>
> Well then add it to the bottom of the report. Your case is really very
> interesting. Can someone make an argument that conversion was bad faith
> because the pi damages would have paid the plan? Of course in a 13 the
> payments are to be regular, but an injured party cannot make regular
> payments....just musing....
>
> d
>
> *From:* Holly Roark
> *To:* cdcbaa@yahoogroups.com
> *Sent:* Wednesday, April 4, 2012 6:15 PM
> *Subject:* Re: [cdcbaa] Section 348(f) - postpetition personal injury
> claim/conversion to Chapter 7
>
>
> Hi Dennis, I didn't plan to file a new schedule, but I had a thought that
> maybe down the road the person she sues for the PI will allege "the claim
> wasn't listed in the bankruptcy and therefore debtor is barred from
> pursuing it". Although I can easily explain it didn't need to be listed as
> it wasn't an asset of the Chapter 7 estate, I just wanted to ask how the
> rest of you handle these situations. I realize that most of us err on the
> side of overdisclosing.
>
>
> Holly Roark
> holly@roarklawoffices.com
> www.roarklawoffices.com
> Central District of California
> Consumer Bankruptcy Attorney
> 1875 Century Park East, Suite 600
> Los Angeles, CA 90067
> T (310) 553-2600
> F (310) 553-2601
>
>
>
>
> On Wed, Apr 4, 2012 at 6:03 PM, Dennis McGoldrick wrote:
>
> **
>
> Holly:
>
> Why are you filing new schedules?
>
> was 13 plan confirmed?
>
> if so rule 1019(5) (C) says only file a schedule of property if case
> converted in bad faith. (it has a double negative, except if the case is
> converted and secton 348(f)(2) does not apply, so the exception (which
> means don't file) counts if the case is not converted in bad faith)
>
> if plan not confirmed,
>
> rule 1019(5)(B) only requires a schedule of debts incurred before the
> conversion.
>
> I just file a captioned pleading, title it 1019 report
> and say
> 1. the debtor incurred the following debts postpetition and preconversion:
>
> credior name Date and Description Amount
> Owed.
> address
>
> date: /s/
>
> dennis
> *From:* Steven B. Lever
> *To:* cdcbaa@yahoogroups.com
> *Sent:* Wednesday, April 4, 2012 10:21 AM
> *Subject:* RE: [cdcbaa] Section 348(f) - postpetition personal injury
> claim/conversion to Chapter 7
>
>
> Holly:
>
> Update Statement of Financial Affairs Question 8 on Losses. Some Trustee
> may argue that putting it on schedules is an admission it is in the estate,
> or some such other rubbish. On SoFA #8 you can make the assertion as to
> why not on Schedule B.
>
> Steven B. Lever
>
> *From:* cdcbaa@yahoogroups.com [mailto:cdcbaa@yahoogroups.com] *On Behalf
> Of *Holly Roark
> *Sent:* Wednesday, April 04, 2012 1:52 AM
> *To:* cdcbaa@yahoogroups.com
> *Subject:* [cdcbaa] Section 348(f) - postpetition personal injury
> claim/conversion to Chapter 7
>
>
> Chapter 13 Debtor was injured in a car accident postpetition and
> subsequently converted to Chapter 7. Under section 348(f), the
> postpetition personal injury claim would not be property of the Chapter 7
> estate. Do I still list it on Schedule B, just to say "not property of the
> estate per section 348(f)"? How do you handle?
>
>
> Holly Roark
> holly@roarklawoffices.com
> www.roarklawoffices.com
> Central District of California
> Consumer Bankruptcy Attorney
> 1875 Century Park East, Suite 600
> Los Angeles, CA 90067
> T (310) 553-2600
> F (310) 553-2601
>
>
> No virus found in this message.
> Checked by AVG - www.avg.com
> Version: 10.0.1424 / Virus Database: 2113/4913 - Release Date: 04/03/12
>
>
>
>
>
>
>
In this case, the debtor had significant health problems to begin with and is having a high risk pregnancy, so the conversion had nothing to do with the potential PI recovery, which might not even be that much. She just can't afford the plan payments any more since she will be out of work for 8 or 9 months. She did not incur any new debt during her chapter 13 (I know, unheard of!).
Holly Roark
holly@roarklawoffices.com
www.roarklawoffices.com
Central District of California
Consumer Bankruptcy Attorney
1875 Century Park East, Suite 600
Los Angeles, CA 90067
T (310) 553-2600
F (310) 553-2601
On Wed, Apr 4, 2012 at 6:23 PM, Dennis McGoldrick <easky1@yahoo.com> wrote:
The post was migrated from Yahoo.
Hi Dennis, I didn't plan to file a new schedule, but I had a thought that
maybe down the road the person she sues for the PI will allege "the claim
wasn't listed in the bankruptcy and therefore debtor is barred from
pursuing it". Although I can easily explain it didn't need to be listed as
it wasn't an asset of the Chapter 7 estate, I just wanted to ask how the
rest of you handle these situations. I realize that most of us err on the
side of overdisclosing.
Holly Roark
holly@roarklawoffices.com
www.roarklawoffices.com
Central District of California
Consumer Bankruptcy Attorney
1875 Century Park East, Suite 600
Los Angeles, CA 90067
T (310) 553-2600
F (310) 553-2601
On Wed, Apr 4, 2012 at 6:03 PM, Dennis McGoldrick wrote:
> **
>
>
> Holly:
>
> Why are you filing new schedules?
>
> was 13 plan confirmed?
>
> if so rule 1019(5) (C) says only file a schedule of property if case
> converted in bad faith. (it has a double negative, except if the case is
> converted and secton 348(f)(2) does not apply, so the exception (which
> means don't file) counts if the case is not converted in bad faith)
>
> if plan not confirmed,
>
> rule 1019(5)(B) only requires a schedule of debts incurred before the
> conversion.
>
> I just file a captioned pleading, title it 1019 report
> and say
> 1. the debtor incurred the following debts postpetition and preconversion:
>
> credior name Date and Description Amount
> Owed.
> address
>
> date: /s/
>
> dennis
> *From:* Steven B. Lever
> *To:* cdcbaa@yahoogroups.com
> *Sent:* Wednesday, April 4, 2012 10:21 AM
> *Subject:* RE: [cdcbaa] Section 348(f) - postpetition personal injury
> claim/conversion to Chapter 7
>
>
> Holly:
>
> Update Statement of Financial Affairs Question 8 on Losses. Some Trustee
> may argue that putting it on schedules is an admission it is in the estate,
> or some such other rubbish. On SoFA #8 you can make the assertion as to
> why not on Schedule B.
>
> Steven B. Lever
>
> *From:* cdcbaa@yahoogroups.com [mailto:cdcbaa@yahoogroups.com] *On Behalf
> Of *Holly Roark
> *Sent:* Wednesday, April 04, 2012 1:52 AM
> *To:* cdcbaa@yahoogroups.com
> *Subject:* [cdcbaa] Section 348(f) - postpetition personal injury
> claim/conversion to Chapter 7
>
>
> Chapter 13 Debtor was injured in a car accident postpetition and
> subsequently converted to Chapter 7. Under section 348(f), the
> postpetition personal injury claim would not be property of the Chapter 7
> estate. Do I still list it on Schedule B, just to say "not property of the
> estate per section 348(f)"? How do you handle?
>
>
> Holly Roark
> holly@roarklawoffices.com
> www.roarklawoffices.com
> Central District of California
> Consumer Bankruptcy Attorney
> 1875 Century Park East, Suite 600
> Los Angeles, CA 90067
> T (310) 553-2600
> F (310) 553-2601
>
>
> No virus found in this message.
> Checked by AVG - www.avg.com
> Version: 10.0.1424 / Virus Database: 2113/4913 - Release Date: 04/03/12
>
>
>
>
Hi Dennis, I didn't plan to file a new schedule, but I had a thought that maybe down the road the person she sues for the PI will allege "the claim wasn't listed in the bankruptcy and therefore debtor is barred from pursuing it". Although I can easily explain it didn't need to be listed as it wasn't an asset of the Chapter 7 estate, I just wanted to ask how the rest of you handle these situations. I realize that most of us err on the side of overdisclosing.
Holly Roark
holly@roarklawoffices.com
www.roarklawoffices.com
Central District of California
Consumer Bankruptcy Attorney
1875 Century Park East, Suite 600
Los Angeles, CA 90067
T (310) 553-2600
F (310) 553-2601
On Wed, Apr 4, 2012 at 6:03 PM, Dennis McGoldrick <easky1@yahoo.com> wrote:
The post was migrated from Yahoo.