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Newsletters : Bankruptcy

Property of the Chapter 13 Estate
 
Property of the estate for chapter 13 purposes encompasses property interests of the debtor during the pendency of the entire chapter 13 case, as well as property rights acquired by the chapter 13 estate after the commencement of the case. Accordingly, property of the estate includes property acquired by the debtor during the case. The right to remain in possession of all property of the estate is a major advantage of chapter 13 debtors who would be required to turn over nonexempt property to the trustee in a chapter 7 case.More...
 
Adversary Proceedings
 
Under Bankruptcy Rules, an adversary proceeding may be filed in a debtor's bankruptcy action for certain specific reasons. Creditors may initiate adversary proceedings to determine the validity or priority of a lien, to determine the validity of a debt, to obtain an injunction, or to subordinate a claim of another creditor.More...
 
Chapter 11 Debtors in Possession
 
Upon the filing of a voluntary petition for relief under chapter 11 or, in an involuntary case, the entry of an order for such relief, the debtor automatically assumes an additional identity as the "debtor in possession." The term refers to a debtor that keeps possession and control of its assets while undergoing a reorganization under chapter 11, without the appointment of a case trustee. More...
 
Chapter 13 Postpetition Claims
 
Certain postpetition claims may be filed and allowed in a Chapter 13 case. This permits the same treatment of certain postpetition credit extended to the Chapter 13 debtor as for a prepetition claim for purposes of proof, allowance, and priority. More...
 
Non-exempt Property in Chapter 7 Bankruptcy
 
Non-exempt property includes items such as coin collections, artwork, antiques, a second automobile, and stock. Non-exempt assets can be sold to pay debts. Non-exempt property is generally considered to be property of the bankruptcy estate. More...
 





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