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Disclosure of Lawsuit in Ch. 13 for Personal Injury 2
Thank you very much Peter!!! Here is the text of that subsection of FRBP
1007:
(h) Interests Acquired or Arising After Petition. If, as provided by
uire
any interest in property, the debtor shall within 14 days after the
information comes to the debtor's knowledge or within such further time the
court may allow, file a supplemental schedule in the chapter 7 liquidation
case, chapter 11 reorganization case, chapter 12 family farmer's debt
adjustment case, or chapter 13 individual debt adjustment case. If any of
the property required to be reported under this subdivision is claimed by
the debtor as exempt, the debtor shall claim the exemptions in the
supplemental schedule. The duty to file a supplemental schedule in
accordance with this subdivision continues notwithstanding the closing of
the case, except that the schedule need not be filed in a chapter 11,
chapter 12, or chapter 13 case with respect to property acquired after
entry of the order confirming a chapter 11 plan or discharging the debtor
in a chapter 12 or chapter 13 case.
On Thu, Jun 29, 2017 at 4:41 PM, 'Peter M. Lively'
petermlively2000@yahoo.com [cdcbaa] wrote:
>
>
> 1007(h) might apply.
>
> Peter M. Lively, J.D., M.B.A.
> Law Office of Peter M. Lively * Personal Financial Law Center I
> 11268 Washington Boulevard, Suite 203, Culver City, California 90230-4647
> Telephone: (310) 391-2400 * Toll Free: (800) 307-3328 * Fax: (310)
> 391-2462
>
>
>
> On Thu Jun 29 2017 11:35:17 GMT-0700 (Pacific Daylight Time), Giovanni
> Orantes go@gobklaw.com [cdcbaa] wrote:
>
>
>
>
> Although it appears that everything acquired post-petition is an estate
> asset according to Section 1306, is there any rule that would require a
> debtor to disclose that she got injured and, therefore, might be entitled
> to recovery during the pendency of the 13 plan? I have a case in which a
> debtor got injured 2 years into the case, it was never disclosed and she
> got her discharge and her case was closed last year. The trial is going to
> start next month.
>
> I've looked for a code section or FRBP in the past but don't remember
> finding one.
>
> --
> WE DO NOT ACCEPT SERVICE BY EMAIL UNLESS WE HAVE AGREED TO ACCEPT IT IN
> WRITING.
>
> Giovanni Orantes, Esq.*
> Orantes Law Firm, P.C.
> 3435 Wilshire Blvd. Suite 2920
> Los Angeles, CA 90010
> Tel: (213) 389-4362
> Fax: (877) 789-5776
> e-mail: go@gobklaw.com
> website: www.gobklaw.com
>
> **Certified Bankruptcy Specialist, State Bar of California, Board of Legal
> Specialization*
> *Board Certified - Business Bankruptcy Law - American Board of
> Certification
> *Board Certified - Consumer Bankruptcy Law - American Board of
> Certification
> Commercial Litigation
> Estate Planning
> Outside General Counsel
>
>
>
> WE ARE A "DEBT RELIEF AGENCY" AS DEFINED BY FEDERAL LAW.
>
> SERVING BAKERSFIELD, LOS ANGELES, ORANGE COUNTY, RIVERSIDE, SAN BERNARDINO
> AND SANTA BARBARA AND THE WORLD FOR CHAPTER 11 AND 15 CASES.
>
> Note: The information in this e-mail message is not intended to be legal
> advice and should not be relied upon as legal advice unless counsel
> expressly contracted in writing to provide such advice. Furthermore, the
> information contained in this e-mail message is confidential information
> intended only for the use of the individual or entity named. If the reader
> of this message is not the intended recipient or an agent responsible for
> delivering it to the intended recipient, you are hereby notified that any
> dissemination, distribution or copy of this communication is strictly
> prohibited. If you have received this communication in error, please
> immediately notify us by telephone or e-mail and delete the original e-mail
> at (213) 389-4362 or (888) 619-8222.
>
>
>
WE DO NOT ACCEPT SERVICE BY EMAIL UNLESS WE HAVE AGREED TO ACCEPT IT IN
WRITING.
Giovanni Orantes, Esq.*
Orantes Law Firm, P.C.
3435 Wilshire Blvd. Suite 2920
Los Angeles, CA 90010
Tel: (213) 389-4362
Fax: (877) 789-5776
e-mail: go@gobklaw.com
website: www.gobklaw.com
**Certified Bankruptcy Specialist, State Bar of California, Board of Legal
Specialization*
*Board Certified - Business Bankruptcy Law - American Board of Certification
*Board Certified - Consumer Bankruptcy Law - American Board of Certification
Commercial Litigation
Estate Planning
Outside General Counsel
WE ARE A "DEBT RELIEF AGENCY" AS DEFINED BY FEDERAL LAW.
Thank you very much Peter!!! Here is the text of that subsection of FRBP 1007:(h) Interests Acquired or Arising After Petition.
If, as provided by 541(a)(5) of the Code, the debtor acquires or
becomes entitled to acquire any interest in property, the debtor shall
within 14 days after the information comes to the debtor's knowledge orwithin such further time the court may allow, file a supplemental
schedule in the chapter 7 liquidation case, chapter 11 reorganization
case, chapter 12 family farmer's debt adjustment case, or chapter 13
individual debt adjustment case. If any of the property required to be
reported under this subdivision is claimed by the debtor as exempt, the
debtor shall claim the exemptions in the supplemental schedule. The duty
to file a supplemental schedule in accordance with this subdivision
continues notwithstanding the closing of the case, except that the
schedule need not be filed in a chapter 11, chapter 12, or chapter 13
case with respect to property acquired after entry of the order
confirming a chapter 11 plan or discharging the debtor in a chapter 12
or chapter 13 case.
The post was migrated from Yahoo.
1007(h) might apply.
Law Office of Peter M. Lively * Personal Financial Law Center I
11268 Washington Boulevard, Suite 203, Culver City, California 90230-4647
Telephone: (310) 391-2400* Toll Free: (800) 307-3328 * Fax: (310) 391-2462
On Thu Jun 29 2017 11:35:17 GMT-0700 (Pacific Daylight Time), Giovanni Orantes go@gobklaw.com [cdcbaa] wrote:
Although it appears that everything acquired post-petition is an estate asset according to Section 1306, is there any rule that would require a debtor to disclose that she got injured and, therefore, might be entitled to recovery during the pendency of the 13 plan? I have a case in which a debtor got injured 2 years into the case, it was never disclosed and she got her discharge and her case was closed last year. The trial is going to start next month.
I've looked for a code section or FRBP in the past but don't remember finding one.
WE DO NOT ACCEPT SERVICE BY EMAIL UNLESS WE HAVE AGREED TO ACCEPT IT IN WRITING.
Giovanni Orantes, Esq.*Orantes Law Firm, P.C.
3435 Wilshire Blvd. Suite 2920
Los Angeles, CA 90010
Tel: (213) 389-4362
Fax: (877) 789-5776
e-mail: go@gobklaw.com
website: www.gobklaw.com
*Certified Bankruptcy Specialist, State Bar of California, Board of Legal Specialization
*Board Certified - Business Bankruptcy Law - American Board of Certification
*Board Certified - Consumer Bankruptcy Law - American Board of Certification
Commercial LitigationEstate PlanningOutside General Counsel
WE ARE A "DEBT RELIEF AGENCY" AS DEFINED BY FEDERAL LAW.
SERVING BAKERSFIELD, LOS ANGELES, ORANGE COUNTY, RIVERSIDE, SAN BERNARDINO AND SANTA BARBARA AND THE WORLD FOR CHAPTER 11 AND 15 CASES.
Note: The information in this e-mail message is not intended to be legal advice and should not be relied upon as legal advice unless counsel expressly contracted in writing to provide such advice. Furthermore, the information contained in this e-mail message is confidential information intended only for the use of the individual or entity named. If the reader of this message is not the intended recipient or an agent responsible for delivering it to the intended recipient, you are hereby notified that any dissemination, distribution or copy of this communication is strictly prohibited. If you have received this communication in error, please immediately notify us by telephone or e-mail and delete the original e-mail at (213) 389-4362 or (888) 619-8222.
The post was migrated from Yahoo.
No, just a small percentage.
On Thu, Jun 29, 2017 at 3:45 PM, David Tilem DavidTilem@TilemLaw.com
[cdcbaa] wrote:
>
>
> Was it a 100% plan?
>
>
>
> *David A. Tilem*
>
> *Certified Bankruptcy Specialist Since 1997*
>
> Law Offices of David A. Tilem
>
> 206 N. Jackson St., #201
>
> Glendale, CA 91206
>
> Tel: 818-507-6000 * Fax: 818-507-6800
>
>
> Toll Free: 888-BK PRO 4U (888-257-7648 )
>
> www.TilemLaw.com
>
>
>
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> [image: cid:image005.png@01D0C939.A54B78D0] [image:
> cid:image006.png@01D0C939.A54B78D0] [image: SL]
>
> [image: AVVO]
>
> [image: av]
>
>
>
>
>
>
> The pages comprising this transmission may contain CONFIDENTIAL
> INFORMATION from Law Offices of David A. Tilem. This information is
> intended solely for use by the individual or entity named as the recipient
> hereof. If you are not the intended recipient, be aware that any
> disclosure, copying, distribution, or use of the contents of this
> transmission is prohibited. If you have received this transmission in
> error, please notify us by telephone immediately so we may arrange and
> correct this transmission.
>
>
>
> *From:* cdcbaa@yahoogroups.com [mailto:cdcbaa@yahoogroups.com]
> *Sent:* Thursday, June 29, 2017 11:34 AM
> *To:* cdcbaa@yahoogroups.com
> *Subject:* [cdcbaa] Disclosure of Lawsuit in Ch. 13 for Personal Injury 2
> years after case
>
>
>
>
>
> Although it appears that everything acquired post-petition is an estate
> asset according to Section 1306, is there any rule that would require a
> debtor to disclose that she got injured and, therefore, might be entitled
> to recovery during the pendency of the 13 plan? I have a case in which a
> debtor got injured 2 years into the case, it was never disclosed and she
> got her discharge and her case was closed last year. The trial is going to
> start next month.
>
> I've looked for a code section or FRBP in the past but don't remember
> finding one.
>
>
> --
>
> WE DO NOT ACCEPT SERVICE BY EMAIL UNLESS WE HAVE AGREED TO ACCEPT IT IN
> WRITING.
>
>
>
> Giovanni Orantes, Esq.*
>
> Orantes Law Firm, P.C.
> 3435 Wilshire Blvd. Suite 2920
> Los Angeles, CA 90010
> Tel: (213) 389-4362
> Fax: (877) 789-5776
> e-mail: go@gobklaw.com
> website: www.gobklaw.com
>
> **Certified Bankruptcy Specialist, State Bar of California, Board of Legal
> Specialization*
>
> *Board Certified - Business Bankruptcy Law - American Board of
> Certification
>
> *Board Certified - Consumer Bankruptcy Law - American Board of
> Certification
>
> Commercial Litigation
>
> Estate Planning
>
> Outside General Counsel
>
>
>
>
>
> WE ARE A "DEBT RELIEF AGENCY" AS DEFINED BY FEDERAL LAW.
>
>
> SERVING BAKERSFIELD, LOS ANGELES, ORANGE COUNTY, RIVERSIDE, SAN BERNARDINO
> AND SANTA BARBARA AND THE WORLD FOR CHAPTER 11 AND 15 CASES.
>
> Note: The information in this e-mail message is not intended to be legal
> advice and should not be relied upon as legal advice unless counsel
> expressly contracted in writing to provide such advice. Furthermore, the
> information contained in this e-mail message is confidential information
> intended only for the use of the individual or entity named. If the reader
> of this message is not the intended recipient or an agent responsible for
> delivering it to the intended recipient, you are hereby notified that any
> dissemination, distribution or copy of this communication is strictly
> prohibited. If you have received this communication in error, please
> immediately notify us by telephone or e-mail and delete the original e-mail
> at (213) 389-4362 or (888) 619-8222.
>
>
>
WE DO NOT ACCEPT SERVICE BY EMAIL UNLESS WE HAVE AGREED TO ACCEPT IT IN
WRITING.
Giovanni Orantes, Esq.*
Orantes Law Firm, P.C.
3435 Wilshire Blvd. Suite 2920
Los Angeles, CA 90010
Tel: (213) 389-4362
Fax: (877) 789-5776
e-mail: go@gobklaw.com
website: www.gobklaw.com
**Certified Bankruptcy Specialist, State Bar of California, Board of Legal
Specialization*
*Board Certified - Business Bankruptcy Law - American Board of Certification
*Board Certified - Consumer Bankruptcy Law - American Board of Certification
Commercial Litigation
Estate Planning
Outside General Counsel
WE ARE A "DEBT RELIEF AGENCY" AS DEFINED BY FEDERAL LAW.
SERVING BAKERSFIELD, LOS ANGELES, ORANGE COUNTY, RIVERSIDE, SAN BERNARDINO
AND SANTA BARBARA AND THE WORLD FOR CHAPTER 11 AND 15 CASES.
Note: The information in this e-mail message is not intended to be legal
advice and should not be relied upon as legal advice unless counsel
expressly contracted in writing to provide such advice. Furthermore, the
information contained in this e-mail message is confidential information
intended only for the use of the individual or entity named. If the reader
of this message is not the intended recipient or an agent responsible for
delivering it to the intended recipient, you are hereby notified that any
dissemination, distribution or copy of this communication is strictly
prohibited. If you have received this communication in error, please
immediately notify us by telephone or e-mail and delete the original e-mail
No, just a small percentage.On Thu, Jun 29, 2017 at 3:45 PM, David Tilem DavidTilem@TilemLaw.com [cdcbaa] <cdcbaa@yahoogroups.com> wrote:
Was it a 100% plan?
David A. Tilem
Certified Bankruptcy Specialist Since 1997
Law Offices of David A. Tilem
206 N. Jackson St., #201
Glendale, CA 91206
Tel: 818-507-6000 * Fax: 818-507-6800
Toll Free: 888-BK PRO 4U (888-257-7648)
www.TilemLaw.com
The post was migrated from Yahoo.