Section 348(f) - postpetition personal injury claim/conversion to Chapter 7
Posted: Fri Apr 06, 2012 4:11 pm
Bap just ruled on this. See Tolles post
Sent from my iPhone
On Apr 4, 2012, at 6:59 PM, "Stella Havkin" wrote:
> But my debtor spent it within a month of conversion on stuff and paying back some personal loans she took out to pay per mortgage and property taxes. Now I may have a preference problem.
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Dennis McGoldrick
> Sent: Wednesday, April 04, 2012 6:19 PM
> To: cdcbaa@yahoogroups.com
> Subject: Re: [cdcbaa] Section 348(f) - postpetition personal injury claim/conversion to Chapter 7
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> Same rule. This is getting interesting. We may have to file a dec with a motion to convert and ask for a ruling the conversion is in good faith to avoid someone claiming 348(f)(2) applies. 348(f)(2) would make the refund property of the 7 if conversion in bad faith. I haven't looked it up for a while, but I don't believe there is an exemption for postpetition property. Exemptions are claimed at filing, not conversion.
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> dennis
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> To: cdcbaa@yahoogroups.com
> Sent: Wednesday, April 4, 2012 6:08 PM
> Subject: RE: [cdcbaa] Section 348(f) - postpetition personal injury claim/conversion to Chapter 7
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> What about a tax refund the debtor became entitled during a 100% chapter 13 case which did not require a turn over of the refunds? I just converted the case from chapter 13 to chapter 7 and the debtor just filed returns entitling her to a large refund. I can exempt the tax refund.
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Dennis McGoldrick
> Sent: Wednesday, April 04, 2012 6:04 PM
> To: cdcbaa@yahoogroups.com
> Subject: Re: [cdcbaa] Section 348(f) - postpetition personal injury claim/conversion to Chapter 7
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> Holly:
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> Why are you filing new schedules?
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> was 13 plan confirmed?
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> 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)
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> if plan not confirmed,
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> rule 1019(5)(B) only requires a schedule of debts incurred before the conversion.
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> I just file a captioned pleading, title it 1019 report
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> and say
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> 1. the debtor incurred the following debts postpetition and preconversion:
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> credior name Date and Description Amount Owed.
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> address
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> date: /s/
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> dennis
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> 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
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> Holly:
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> 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.
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> Steven B. Lever
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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
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> 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?
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> Holly Roark
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> holly@roarklawoffices.com
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> www.roarklawoffices.com
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> Central District of California
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> Consumer Bankruptcy Attorney
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> 1875 Century Park East, Suite 600
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> Los Angeles, CA 90067
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> T (310) 553-2600
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> F (310) 553-2601
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Bap just ruled on this. See Tolles post Sent from my iPhoneOn Apr 4, 2012, at 6:59 PM, "Stella Havkin" <havkinlaw@earthlink.net> wrote:
The post was migrated from Yahoo.