“No, Mr. Trustee, you can’t have my client’s tax refund.” Honestly, those have to be some of the most satisfying words I’ve utterly lately.
How’d I get away with it? Just guess. I read the code!
Actually, my co panelists on two recent presentations on vesting and conversion educated me. Jill Michaux and Doug Jacobs read the bankruptcy code and shared. As we started puzzling out the impact of the Chapter 13 debtor’s vesting choice, we asked ourselves whether the vesting choice impacted the bankruptcy estate when a 13 converts to 7.
It seems that whatever contradictions and confusions are created by §1306 and §1327, Section 348(f) is clear:
Except as provided in paragraph (2), when a case under chapter 13 of this title is converted to a case under another chapter under this title—(A) property of the estate in the converted case shall consist of property of the estate, as of the date of filing of the petition, that remains in the possession of or is under the control of the debtor on the date of conversion;
I fought this issue and battled a trustee over it to a win. Not only can the trustee not get the property acquired post-petition, but he also cannot contest exemptions if you have been in a confirmed plan for 1 year. The rule was amended on December 1, 2010 to make this rule uniform everywhere.
Excellent article. Finally found the answer I was looking for. Thank you.