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Disclosure of Lawsuit in Ch. 13 for Personal Injury 2 years after case

Posted: Thu Jun 29, 2017 11:33 am
by Yahoo Bot

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.
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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
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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 2920Los Angeles, CA 90010Tel: (213) 389-4362Fax: (877) 789-5776e-mail: go@gobklaw.comwebsite: www.gobklaw.com
The post was migrated from Yahoo.