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· 6/10/1997

Bankr. L. Rep. P 77,399 in the Matter of June M. Heath, Debtor. Joseph M. Black, Trustee v. United States Postal Service

Citations

  • 115 F.3d 521
  • 1997 U.S. App. LEXIS 14477
  • 1997 WL 311580

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • holding that if dispute involves funds that are not property of estate, it cannot be maintained in the bankruptcy court unless it is “related to” the bankruptcy proceeding, which means it is likely to affect the debtor’s estate
  • adopting the third approach based on part on the mental incompetent argument
  • “[AJfter confirmation, only the amount required for the plan payments remained property of the estate.”
  • the trustee controls “only so much of the income (or [the debtor’s] other property) as necessary to the fulfillment of the plan”
  • \[T]he Bankruptcy Code says that all the earnings of a Chapter 13 debtor are property of the estate. 11 U.S.C. § 1306 (a)(2).\
  • Chapter 13 plan, on confirmation, returns to control of the debtor property which is not necessary to fulfill his obliga- tions under the plan

Source: CourtListener parenthetical corpus (CC0).

Judges: Posner, Flaum, Rovner

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.