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If chapter 7 Trustee abandons property, is that property
I think 1306 is pretty broad as well. It may make no difference that some
of the claims in the lawsuit happened preptition and some of them happened
postpetition, since conceivably ANY recovery debtor obtains postpetition
may be able to come in under 1306.
Holly Roark
Certified Bankruptcy Specialist*
*and Sports Lawyer*
holly@roarklawoffices.com **primary email address**
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 1:14 PM, frank@ruggierlaw.com [cdcbaa] wrote:
>
>
> I havent researched and I am just thinking out loud here but I suspect
> that it is property of the chapter 13 estate (ecause what isnt property of
> chapter 13 estate since it is so inclusive. Even though it may be property
> of the estate, I dont think that it automatically follows that it has to
> be contributed in a chapter 13 plan to creditors. Do you meet the
> hypothetical chapter 7 liquidation analysis for ch 13 plan confirmation?
> Arguably yes at least with respect to this asset, since this asset was
> abandoned by the Chapter 7 trustee and wouldnt have been available to
> Chapter 7 creditors. If you meet that test, then are the proceeds
> disposable income available to pay creditors under best efforts? I don> know the answer here but I think arguments can be made. If the proceeds
> are designed to replace past earnings, then maybe they need to be turned
> over. If designed to provide future earnings, maybe some of proceeds need
> to be turned over (maybe prorated somehow). If these are some other
> damages, maybe a more specific analysis needs to be done.
>
>
>
> Frank X. Ruggier
> Attorney at Law
> 15760 Ventura Blvd., Suite 880
> Encino, CA 91436
> Tel: (818) 796-3529
>
>
>
> *From:* cdcbaa@yahoogroups.com [mailto:cdcbaa@yahoogroups.com]
> *Sent:* Wednesday, October 29, 2014 12:57 PM
> *To:* cdcbaa@yahoogroups.com
> *Subject:* Re: [cdcbaa] If chapter 7 Trustee abandons property, is that
> property estate property in the Chapter 13?
>
>
>
>
>
> 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.**
>
>
>
>
>
>
>
>
>
I think 1306 is pretty broad as well. It may make no difference that some of the claims in the lawsuit happened preptition and some of them happened postpetition, since conceivably ANY recovery debtor obtains postpetition may be able to come in under 1306.Holly RoarkCertified Bankruptcy Specialist*and Sports Lawyer
holly@roarklawoffices.com**primary email address**
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
The post was migrated from Yahoo.
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**
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**
>
> 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.**
>
>
>
>
>
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 RoarkCertified Bankruptcy Specialist*and Sports Lawyer
holly@roarklawoffices.com**primary email address**
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
The post was migrated from Yahoo.