settlement funds received by debtor in active chapter 13
Posted: Tue Sep 22, 2015 2:37 pm
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
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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
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