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Property of the Estate & Inherited Property
Property of the Estate & Inherited Property

11 USC 541(a) dictates that upon the filing of a bankruptcy case, an estate is created. This estate includes all legal and equitable interests of the debtor at the time of filing, and in certain instances, interests in property that arise after the filing of a bankruptcy ...

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Blog posts in Bankruptcy Estate

  • Does Chapter 7 Bankruptcy Wipe Out Credit Card Debt?

    As you may know, it is far too easy to fall behind on your credit card bills. After paying the minimum each month, expecting to slowly chip away at ...

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  • Extending or Imposing the Automatic Stay

    Pursuant to 11 USC 362, the filing of a bankruptcy petition serves to automatically stay certain activities against the debtor. These activities, ...

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  • Key Differences Between Chapter 7 and Chapter 13

    One question that is asked, at nearly every single 341 Meeting of Creditors, is whether the debtor has reviewed the bankruptcy information sheet. This ...

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  • Selling Real Estate in an Active Bankruptcy

    In any bankruptcy, whether it be a Chapter 7 or Chapter 13, the issue of real estate is nearly always at the forefront. In Chapter 7 liquidations, the ...

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  • Death of a Debtor in Bankruptcy

    As if the process of filing bankruptcy and going through the bankruptcy procedures aren't stressful enough for some debtors, circumstances can arise ...

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  • The Casey Anthony Bankruptcy: A Case Study of a Bankruptcy Trustee's Power

    Pursuant to various sections of the bankruptcy code, the interim trustee assigned to a Chapter 7 bankruptcy case has the right to assume the role of ...

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  • Secured Property and Bankruptcy

    A common misconception, one routinely brought up by clients when interviewing with their bankruptcy attorney for the first time, is that they think ...

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  • If I File Bankruptcy Will I Lose All of My Property?

    Perhaps the biggest misconception regarding filing bankruptcy is the notion that upon filing, you will lose all your property. This couldn't be ...

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