PRIA, Government Policy, Made Personal

Summary

Bankruptcy estate property also includes things the debtor gets after the case starts and before the case is closed, dismissed, or converted to chapter 7, 11, or 12—whichever happens first, and it also includes money the debtor earns from work during that same time. Unless a confirmed plan or a court order that confirms a plan says otherwise, the debtor keeps possession of the estate’s property.

Title 11, §1306

Bankruptcy, Source: USLM XML via OLRC

(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.

Notes & Related Subsidiaries

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.

Editorial Notes

Amendments

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

Statutory Notes and Related Subsidiaries

Effective Date

of 1986 AmendmentAmendment 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.

§1306 Property of the Estate