.jpg)
settlement funds received by debtor in active chapter 13
There is a BAP case. In re Dale 505 B. R. 8 (9th Cir. BAP 2014) which deals with an inheritance received more than 180 days postpetition in a Chapter 13 case and the BAP held that it was an asset of the bankruptcy estate.
Patricia Said
Attorney at Law
13443 McCormick Street
Sherman Oaks, CA 91401
(818)789-0781 fax (818)789-5820
patriciahsaid@yahoo.com
This electronic message contains information from the Law Office ofPatricia Said whichmay beprivileged and confidential.
The information is intended for the use of the addressee(s) only. If you are not an addressee, note that any disclosure, copying, distribution or use of the contents of this email is prohibited. If you receive this email in error, please contact the sender.
On Tue, 9/22/15, 'Peter M. Lively' petermlively2000@yahoo.com [cdcbaa] wrote:
Subject: Re: [cdcbaa] settlement funds received by debtor in active chapter 13
To: "cdcbaa@yahoogroups.com"
Date: Tuesday, September 22, 2015, 11:09 AM
There
is a 20135th Circuit case thatrequires reporting.
Flugence v. Axis Surplus Ins. Co.
I'm not aware of any
othercases on this issue, except those relating to
disposable income.
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 Tuesday,
September 22, 2015 8:57 AM, "Kirk Brennan
kirkinhermosa@gmail.com [cdcbaa]"
wrote:
Debtor in active
chapter 13 case. Debtor files complaint against
creditor for violation for automatic stay. Case settles
and debtor's
attorney receives settlement check from creditor.
Is debtor entitled to funds? Or must
funds be paid over to the chapter 13 trustee?
Thanks,
--
Kirk
Brennan
CONFIDENTIALITY NOTICE: This e-mail and any
attachments are for the exclusive and confidential use of
the intended recipient. If you are not the intended
recipient, please do not read, distribute or take action in
reliance on this message. If you have received this message
in error, please notify us immediately by return e-mail and
promptly delete this message and its attachments from your
computer system. We do not waive attorney-client or work
product privilege by the transmission of this message.
TAX ADVICE NOTICE: Tax advice, if any,
contained in this e-mail does not constitute a
"reliance opinion" as defined in IRS Circular 230
and may not be used to establish reasonable reliance on the
opinion of counsel for the purpose of avoiding the penalty
imposed by Section 6662A of the Internal Revenue Code. The
firm provides reliance opinions only in formal opinion
letters containing the signature of a director.
The post was migrated from Yahoo.
It seems to me that under Section 1306 those funds are property of the estate and have to be turned over to the trustee,
Pat Said.
Patricia Said
Attorney at Law
13443 McCormick Street
Sherman Oaks, CA 91401
(818)789-0781 fax (818)789-5820
patriciahsaid@yahoo.com
This electronic message contains information from the Law Office ofPatricia Said whichmay beprivileged and confidential.
The information is intended for the use of the addressee(s) only. If you are not an addressee, note that any disclosure, copying, distribution or use of the contents of this email is prohibited. If you receive this email in error, please contact the sender.
On Tue, 9/22/15, Kirk Brennan kirkinhermosa@gmail.com [cdcbaa] wrote:
Subject: [cdcbaa] settlement funds received by debtor in active chapter 13
To: "Cdcbaa Yahoo Listserv"
Date: Tuesday, September 22, 2015, 8:57 AM
Debtor in active chapter 13
case. Debtor files complaint against
creditor for violation for automatic stay. Case settles
and debtor's
attorney receives settlement check from creditor.
Is debtor entitled to funds? Or must
funds be paid over to the chapter 13 trustee?
Thanks,
--
Kirk
Brennan
CONFIDENTIALITY NOTICE: This e-mail and any
attachments are for the exclusive and confidential use of
the intended recipient. If you are not the intended
recipient, please do not read, distribute or take action in
reliance on this message. If you have received this message
in error, please notify us immediately by return e-mail and
promptly delete this message and its attachments from your
computer system. We do not waive attorney-client or work
product privilege by the transmission of this message.
TAX ADVICE NOTICE: Tax advice, if any,
contained in this e-mail does not constitute a
"reliance opinion" as defined in IRS Circular 230
and may not be used to establish reasonable reliance on the
opinion of counsel for the purpose of avoiding the penalty
imposed by Section 6662A of the Internal Revenue Code. The
firm provides reliance opinions only in formal opinion
letters containing the signature of a director.
The post was migrated from Yahoo.
Debtor in active chapter 13 case. Debtor files complaint against creditor
for violation for automatic stay. Case settles and debtor's attorney
receives settlement check from creditor.
Is debtor entitled to funds? Or must funds be paid over to the chapter 13
trustee?
Thanks,
Kirk Brennan
CONFIDENTIALITY NOTICE: This e-mail and any attachments are for the
exclusive and confidential use of the intended recipient. If you are not
the intended recipient, please do not read, distribute or take action in
reliance on this message. If you have received this message in error,
please notify us immediately by return e-mail and promptly delete this
message and its attachments from your computer system. We do not waive
attorney-client or work product privilege by the transmission of this
message.
TAX ADVICE NOTICE: Tax advice, if any, contained in this e-mail does not
constitute a "reliance opinion" as defined in IRS Circular 230 and may not
be used to establish reasonable reliance on the opinion of counsel for the
purpose of avoiding the penalty imposed by Section 6662A of the Internal
Revenue Code. The firm provides reliance opinions only in formal opinion
letters containing the signature of a director.
Debtor in active chapter 13 case. Debtor files complaint against
creditor for violation for automatic stay. Case settles and debtor's
attorney receives settlement check from creditor.Is debtor entitled to funds? Or must funds be paid over to the chapter 13 trustee?Thanks,--
The post was migrated from Yahoo.