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Date Created: Wed, 2023-10-18 15:33
When a debtor’s assets appreciate after filing a chapter 13 petition, historically that appreciation has inured to the debtor and not to the estate [1]. That norm is gradually evaporating, as courts are beginning to hold that post-petition appreciation belongs to creditors [2]. The ambiguity in chapter 13 of the Bankruptcy Code is responsible for shifting appreciation from debtors to creditors.
Please note that in order to view the content for the Committee Articles and Announcements you must either sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Please note that in order to view the content for the Committee Articles and Announcements you must either sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Please note that in order to view the content for the Committee Articles and Announcements you must either sign in if you are already an ABI member, or otherwise you may Become an ABI Member