§ 1306. Property of the estate
336 words·~2 min read·
/usc/title-11/section-1306A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
(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.
(Pub. L. 95–598, Nov. 6, 1978, 92 Stat. 2647; Pub. L. 99–554, title II, § 257(u), Oct. 27, 1986, 100 Stat. 3116.)
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.
Connections11 cite this · traces to 2
Cited by 11 sections
IRM
- IRM 5.9.1Overview of Bankruptcy
- IRM 4.27.1Examiner Responsibilities and Procedures
- IRM 8.7.6Appeals Bankruptcy Cases
- IRM 25.18.4Collection of Taxes in Community Property States
- IRM 5.9.8Processing Chapter 11 Bankruptcy Cases
- IRM 5.17.11Chapter 13 Bankruptcy (Individuals with Regular Income) and Chapter 12 Bankruptcy (Family Farmers or Fishermen with Regular Income)
- IRM 5.17.8General Provisions of Bankruptcy
- IRM 5.9.10Processing Chapter 13 Bankruptcy Cases
- IRM 5.9.3Debtors' Delinquent Accounts
Traces to 2 documents
5 references not yet in our index
- Pub. L. 95–598
- 92 Stat. 2647
- Pub. L. 99–554, title II, § 257(u)
- 100 Stat. 3116
- Pub. L. 99–554
Citation graph
cites case law
§ 1306
Property of the estate
IRM×9
Fed. Reg.×1
Stat.×1
Pub. L.Pub. L. 95–598
Stat.92 Stat. 2647
Pub. L.Pub. L. 99–554, title II, § 257(u)
Stat.100 Stat. 3116
Pub. L.Pub. L. 99–554
Cites 7Cited by 11 across 3 sources