1306 provides that property of the Chapter 13 estate includes all 541 property as of the petition date as well as all 541 property acquired after the petition date.
This particular asset isn't passing from the estate to the debtor through an exemption, so I believe that it must be contributed to the plan.
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 Wednesday, October 29, 2014 10:54 AM, "Holly Roark
hollyroark22@gmail.com [cdcbaa]" wrote:
Formally abandoned by Chapter 7 Trustee because he did not want to deal with this lawsuit and the SOL was running to file the complaint, so he abandoned, and I filed the complaint in state court. The lawsuit has merit. Ch 13 Tee's position is that the proceeds of the lawsuit have to go through the Chapter 13 BK per 1306.
Holly Roark
Certified Bankruptcy Specialist*
and Sports Lawyer
holly@roarklawoffices.com **primary email address**
http://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
*By State Bar of California Board of Legal
Specialization
**For a quicker response, email me at
holly@roarklawoffices.com.
I only use gmail for my listservs, and am likely to miss private emails
directed to my gmail account.**
On Wed, Oct 29, 2014 at 10:46 AM, 'Patrick Green'
pat@fitzgreenlaw.com [cdcbaa] wrote:
>
>Holly:
>
>Abandoned under 554 or just Rpt of No Distribution?
>
>If you have any questions or concerns, please contact me.
>
>Pat
>
>Patrick T. Green
>Attorney at Law
>Fitzgerald & Green, Attorneys at Law
>1010 E. Union St. Suite 206
>Pasadena, CA 91106
>Tel: (626) 449-8433
>Fax: (626) 449-0565
>
pat@fitzgreenlaw.com
>
>
>From:
cdcbaa@yahoogroups.com [mailto:
cdcbaa@yahoogroups.com]
>Sent: Wednesday, October 29, 2014 5:16 AM
>To: Strictly Bankruptcy Issues; cdcbaa
>Subject: [cdcbaa] If chapter 7 Trustee abandons property, is that property estate property in the Chapter 13?
>
>
>Debtor has a lawsuit asset which the chapter 7 Trustee abandoned. Case was converted to chapter 13. Chapter 13 Trustee wants lawsuit asset recovery to be paid through the Plan. Is this asset property of the Chapter 13 estate after having been abandoned by the Chapter 7 Trustee?
>I understand that postpetition income is property of the estate, but does the "income" from this abandoned asset count?
>
>
>
>
>
>Holly Roark
>Certified Bankruptcy Specialist*
>and Sports Lawyer
>
holly@roarklawoffices.com **primary email address**
>
http://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
>*By State Bar of California Board of Legal Specialization
>
>**For a quicker response, email me at
holly@roarklawoffices.com.
>I only use gmail for my listservs, and am likely to miss private emails
>directed to my gmail account.**
>
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