1327 | ABI

BAP Gives Post-Petition Appreciation to Chapter 7 Estate on Conversion from Chapter 13

In a rising real estate market, chapter 13 debtors risk losing their homes if they sell or convert to chapter 7.

Court :

Circuit Splits & Hot Topics with Bill Rochelle

Bankruptcy Code

11 U.S.C. § 363(m)

Topics

Executory Contracts/Leases

Fraudulent Transfers

Plan Confirmation

Professional Compensation/Fees

Venue/Jurisdiction

Consumer Bankruptcy

Discharge/Dischargeability

International Insolvency

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Chapter 7 and Chapter 13 Conversions

Bankruptcy Code

Topics

Consumer Bankruptcy

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Failing to File a Claim Has Dire Consequences for a Secured Creditor

A secured lender who doesn’t file a claim doesn’t get paid by the chapter 13 plan and keeps its lien, but can’t reclaim the collateral during the life of the plan.

Court :

Indiana Northern District

Circuit Splits and Hot Topics with Bill Rochelle and Friends

Bankruptcy Code

11 U.S.C. § 363(m)

Topics

Executory Contracts/Leases

Plan Confirmation

Professional Compensation/Fees

Venue/Jurisdiction

Consumer Bankruptcy

Discharge/Dischargeability

Business Reorganization

International Insolvency

Links

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Current Events with Bill Rochelle (and Guests!)

Bankruptcy Code

11 U.S.C. § 363(m)

Topics

Executory Contracts/Leases

Fraudulent Transfers

Plan Confirmation

Professional Compensation/Fees

Venue/Jurisdiction

Consumer Bankruptcy

Discharge/Dischargeability

Business Reorganization

International Insolvency

Links

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Are Chapter 13 Creditors Entitled to Proceeds from a Post-Confirmation Tort Claim?

The Code and the Rules are unclear about a chapter 13 debtor’s obligation to disclose assets acquired post-petition that were not derived from income.

Court :

Florida Southern District

Post-Petition Appreciation in the Value of a Home Goes to Creditors in Chapter 13

Courts are deeply split on a chapter 13 debtor’s ability to keep the appreciation in an exempt home, whether or not the case converts to chapter 7.

Court :

Missouri Western District

Consumer Hot Topics: Student Loans, Proofs of Claim, Post-Petition Assets and More

Bankruptcy Code

Topics

Consumer Bankruptcy

Links

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Current Events with Bill Rochelle (and Guests!)

Bankruptcy Code

11 U.S.C. § 363(m)

Topics

Alternative Dispute Resolution

Executory Contracts/Leases

Fraudulent Transfers

Plan Confirmation

Professional Compensation/Fees

Venue/Jurisdiction

Consumer Bankruptcy

Discharge/Dischargeability

Business Reorganization

International Insolvency

Links

please log in to access Law Review Articles or click here to join ABI.

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