Central District Consumer Bankruptcy Attorney's Association

In My opinion, the inheritance IS property of the bankruptcy estate
pursuant to Sec. 1306(1), (paraphrased: "property acquired after
commencement fo the case but before the case is closed, dismissed or
converted is property of the estate"). Te will probably find out
about this inheritance from debtor's tax returns. She may seek
modification based on increase income.
Ty Takeuchi,
P.S. I hope you get other opinions!!!!
TMT
- In cdcbaa@yahoogroups.com, "Mark J. Markus" wrote:
> I'm getting conflicting opinions on this so I thought I'd see what
our group thought:
>
> Ch. 13 case filed. At time of filing debtor has a legal interest
only in real property, equitably owned 100% by mommy. Also, debtor
is a signator to a joint bank account with mommy (and several
siblings), but solely for the purposes of paying mommy's bills
(mommy can't read or write). All money in the account was
mommy's. No problems getting the Plan confirmed assigning a $0
value to each of these assets.
>
> A year goes by (more than 180 days) and mommy dies. Clearly not
property of the estated under 541. However, I keep hearing people
saying that income earned during Ch. 13 and such is still property
of the estate, so I wanted to make sure that the bank account money
(about $30,000) and real property don't cause debtor to have to re-
do his Plan.
>
> Anyone have definitive knowledge on this issue in the central
district?
>
> Thanks...
>
> ***********************************************
> Mark J. Markus
> Law Office of Mark J. Markus
> 11684 Ventura Blvd. PMB #403
> Studio City, CA 91604-2652
> (818)509-1173
> (818)509-1460 (fax)
> e-mail: bklawr@b...
> web: http://www.bklaw.com/
> ************************************************
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Dissemination,
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The post was migrated from Yahoo.

I'm getting conflicting opinions on this so I thought I'd see what our group thought:
Ch. 13 case filed. At time of filing debtor has a legal interest only in real property, equitably owned 100% by mommy. Also, debtor is a signator to a joint bank account with mommy (and several siblings), but solely for the purposes of paying mommy's bills (mommy can't read or write). All money in the account was mommy's. No problems getting the Plan confirmed assigning a $0 value to each of these assets.
A year goes by (more than 180 days) and mommy dies. Clearly not property of the estated under 541. However, I keep hearing people saying that income earned during Ch. 13 and such is still property of the estate, so I wanted to make sure that the bank account money (about $30,000) and real property don't cause debtor to have to re-do his Plan.
Anyone have definitive knowledge on this issue in the central district?
Thanks...
***********************************************
Mark J. Markus
Law Office of Mark J. Markus
11684 Ventura Blvd. PMB #403
Studio City, CA 91604-2652
(818)509-1173
(818)509-1460 (fax)
e-mail: bklawr@bklaw.com
web: http://www.bklaw.com/
************************************************
Confidentiality Note: This e-mail is intended only for the person or
entity to which it is addressed and may contain information that is privileged,
confidential, or otherwise protected from disclosure. Dissemination,
distribution, or copying of this e-mail or the information herein by anyone
other than the intended recipient, or an employee or agent responsible for
delivering the message to the intended recipient, is prohibited. If you
have received this e-mail in error, please notify us immediately at (818)
509-1173 or e-mail us at bklawr@bklaw.com and destroy the
original message and all copies.
I'm getting conflicting opinions on this so I
thought I'd see what our group thought:

Ch. 13 case filed. At time of filing debtor
has a legal interest only in real property, equitably owned 100% by mommy.
Also, debtor is a signator to a joint bank account with mommy (and severalsiblings), but solely for the purposes of paying mommy's bills (mommy can't read
or write). All money in the account was mommy's. No problems
getting the Plan confirmed assigning a $0 value to each of these
assets.

A year goes by (more than 180 days) and mommy
dies. Clearly not property of the estated under 541. However,
I keep hearing people saying that income earned during Ch. 13 and such is still
property of the estate, so I wanted to make sure that the bank account money
(about $30,000) and real property don't cause debtor to have to re-do his
Plan.

Anyone have definitive knowledge on this issue in
the central district?Thanks...

***********************************************Mark J. MarkusLaw
Office of Mark J. Markus11684 Ventura Blvd. PMB #403Studio City, CA91604-2652(818)509-1173(818)509-1460 (fax)e-mail: bklawr@bklaw.comweb:
The post was migrated from Yahoo.