Disclosure of Lawsuit in Ch. 13 for Personal Injury 2
Posted: Thu Jun 29, 2017 5:13 pm
Thank you very much Peter!!! Here is the text of that subsection of FRBP
1007:
(h) Interests Acquired or Arising After Petition. If, as provided by
uire
any interest in property, the debtor shall within 14 days after the
information comes to the debtor's knowledge or within such further time the
court may allow, file a supplemental schedule in the chapter 7 liquidation
case, chapter 11 reorganization case, chapter 12 family farmer's debt
adjustment case, or chapter 13 individual debt adjustment case. If any of
the property required to be reported under this subdivision is claimed by
the debtor as exempt, the debtor shall claim the exemptions in the
supplemental schedule. The duty to file a supplemental schedule in
accordance with this subdivision continues notwithstanding the closing of
the case, except that the schedule need not be filed in a chapter 11,
chapter 12, or chapter 13 case with respect to property acquired after
entry of the order confirming a chapter 11 plan or discharging the debtor
in a chapter 12 or chapter 13 case.
On Thu, Jun 29, 2017 at 4:41 PM, 'Peter M. Lively'
petermlively2000@yahoo.com [cdcbaa] wrote:
>
>
> 1007(h) might apply.
>
> 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 Thu Jun 29 2017 11:35:17 GMT-0700 (Pacific Daylight Time), Giovanni
> Orantes go@gobklaw.com [cdcbaa] wrote:
>
>
>
>
> 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
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> Tel: (213) 389-4362
> Fax: (877) 789-5776
> e-mail: go@gobklaw.com
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> **Certified Bankruptcy Specialist, State Bar of California, Board of Legal
> Specialization*
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> Outside General Counsel
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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 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
WE ARE A "DEBT RELIEF AGENCY" AS DEFINED BY FEDERAL LAW.
Thank you very much Peter!!! Here is the text of that subsection of FRBP 1007:(h) Interests Acquired or Arising After Petition.
If, as provided by 541(a)(5) of the Code, the debtor acquires or
becomes entitled to acquire any interest in property, the debtor shall
within 14 days after the information comes to the debtor's knowledge orwithin such further time the court may allow, file a supplemental
schedule in the chapter 7 liquidation case, chapter 11 reorganization
case, chapter 12 family farmer's debt adjustment case, or chapter 13
individual debt adjustment case. If any of the property required to be
reported under this subdivision is claimed by the debtor as exempt, the
debtor shall claim the exemptions in the supplemental schedule. The duty
to file a supplemental schedule in accordance with this subdivision
continues notwithstanding the closing of the case, except that the
schedule need not be filed in a chapter 11, chapter 12, or chapter 13
case with respect to property acquired after entry of the order
confirming a chapter 11 plan or discharging the debtor in a chapter 12
or chapter 13 case.
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