Bankruptcy Forms: Filing Bankruptcy Chapter 7 Bankruptcy Software Chapter 13

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TITLE 11–BANKRUPTCY

CHAPTER 13– ADJUSTMENT OF DEBTS OF AN INDIVIDUAL WITH REGULAR INCOME

Sub Chapter – Officers, Administration and the Estate

Sec. 1306. Property of the estate

   (a) Property of the estate includes, in addition to the property 
specified in section 541 of this title--
        (1) all property of the kind specified in such section that the 
    debtor acquires after the commencement of the case but before the 
    case is closed, dismissed, or converted to a case under chapter 7, 
    11, or 12 of this title, whichever occurs first; and
        (2) earnings from services performed by the debtor after the 
    commencement of the case but before the case is closed, dismissed, 
    or converted to a case under chapter 7, 11, or 12 of this title, 
    whichever occurs first.

    (b) Except as provided in a confirmed plan or order confirming a 
plan, the debtor shall remain in possession of all property of the 
estate.

(Pub. L. 95-598, Nov. 6, 1978, 92 Stat. 2647; Pub. L. 99-554, title II, 
Sec. 257(u), Oct. 27, 1986, 100 Stat. 3116.)


                      Historical and Revision Notes

                         legislative statements

    Section 1306(a)(2) adopts a provision contained in the Senate 
amendment in preference to a similar provision contained in the House 
bill.


                        senate report no. 95-989

    Section 541 is expressly made applicable to chapter 13 cases by 
section 103(a). Section 1306 broadens the definition of property of the 
estate for chapter 13 purposes to include all property acquired and all 
earnings from services performed by the debtor after the commencement of 
the case.
    Subsection (b) nullifies the effect of section 521(3), otherwise 
applicable, by providing that a chapter 13 debtor need not surrender 
possession of property of the estate, unless required by the plan or 
order of confirmation.


                               Amendments

    1986--Subsec. (a). Pub. L. 99-554 inserted reference to chapter 12 
in pars. (1) and (2).


                    Effective Date of 1986 Amendment

    Amendment by Pub. L. 99-554 effective 30 days after Oct. 27, 1986, 
but not applicable to cases commenced under this title before that date, 
see section 302(a), (c)(1) of Pub. L. 99-554, set out as a note under 
section 581 of Title 28, Judiciary and Judicial Procedure.


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For more bankruptcy help and bankruptcy alternatives, go to Bankruptcy Resources

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Legal Resource Center: United States Code TITLE 11 Filing Bankruptcy Forms Software