[CLBS] In re Dale - 9th Cir BAP decision on post-petition property of the estate in Ch 13

[Alexandra Caval]

In Chapter 13 an inheritance received more than 180 days after the petition date but before confirmation of the chapter 13 case is property of the Chapter 13 estate. The BAP analyzed the interplay between 541(a)(5)(A) and 1306(a)(1) and finds that 1306(a)(1), the more specific section in Chapter 13, controls. The 9th Cir BAP adopted the reasoning set out recently in Carroll v. Logan, a  4th Cir decision on the exact same issue.

Alexandra O. Caval
Staff Attorney
Office of Kathleen A. McCallister
Chapter 13 Trustee
P.O. Box 1150
Meridian, ID 83680
T: (208) 922-5100
F: (208) 922-5599
alex at kam13trustee.com<mailto:alex at kam13trustee.com>

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