Debtor belatedly discloses an accident claim, or an accident happens post-confirmation; Debtor wants to sell his house at a value significantly higher than originally valued but wants to keep the appreciation without changing the confirmed plan or convert to a chapter 7 for the discharge. What must be disclosed? Are exemptions available? Does the appreciation become part of the chapter 13 estate or the converted Chapter 7 and available for creditors? We will examine differing statutory definitions of “property of the estate” and conflicting case law, hoping to provide practical guidance.
Recorded at the Bankruptcy Institute in November 2023.