Play video

The Estate in Chapter 13

Learn about property of the estate in chapter 13, the standing trustee's role and responsibilities, the debtor's status as debtor-in-possession, and the codebtor stay.

Transcript

As with every other Bankruptcy Code chapter, except chapter 9, an estate comes into being once a debtor files a petition for relief under chapter 13. But in chapter 13, the estate operates quite differently from chapter 7. The relevant distinctions generally involve who is in charge of estate property and precisely what property belongs to the estate.

I. The Chapter 13 Standing Trustee

As you may recall from another lesson, in chapter 7, the appointed or elected bankruptcy trustee takes control...

Lessons

    • 1. Welcome to Bankruptcy
    2. Foundations of Bankruptcy
    3. The Estate and the Automatic Stay
    4. Creditors, Claims, Discharge, and Priority
    5. Chapter 7 Liquidation
    • Chapter 7 Panel Trustee
    • Distribution of Estate Property in Chapter 7
    • Discharge in Chapter 7
    • Personal-Property Collateral in Chapter 7
    • General Grounds to Dismiss a Chapter 7 Case
    • Introduction to the Means Test and Dismissals or Conversions for Abuse
    6. Debt Adjustment in Chapter 13
    • Eligibility to File for Chapter 13
    • The Estate in Chapter 13
    • Introduction to the Chapter 13 Plan of Debt Adjustment
    • Terms Permitted in a Chapter 13 Plan
    • Chapter 13 Confirmation Requirements: Treatment of Secured Claims
    • Chapter 13 Confirmation Requirements: Treatment of Unsecured and Priority Claims
    7. Preferences
    • Introduction to Preferences
    • A Transfer to a Creditor or for a Creditor's Benefit Made for or on Account of an Antecedent Debt
    • A Transfer Enabling a Creditor to Receive More Than It Would in Chapter 7
    • The Net-Benefit Rule
    • Contemporaneous Exchanges for New Value
    • Transfers in the Ordinary Course of Business
    • Subsequent New Value