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Section 348(f) - postpetition personal injury claim/c=
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
________________________________
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 it1019 report
>and say
>1. the debtor incurred the following debts postpetition and preconversion:
>
>credior name>address
>
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