U.S. Code » Title 11 » Chapter CHAPTER 12— ADJUSTMENT OF DEBTS OF A FAMILY FARMER OR FISHERMAN WITH REGULAR ANNUAL INCOME › Subchapter SUBCHAPTER I— OFFICERS, ADMINISTRATION, AND THE ESTATE

11 U.S.C. § 1207

Property of the estate

Read at: OLRCuscode.house.gov CornellLII GovInfogovinfo.gov JustiaTitle 11 CasesGoogle Scholar
(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 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 of this title, whichever occurs first.(b) Except as provided in section 1204, a confirmed plan, or an order confirming a plan, the debtor shall remain in possession of all property of the estate.(Added and amended Pub. L. 99–554, title II, § 255, title III, § 302(f), Oct. 27, 1986, 100 Stat. 3108, 3124; Pub. L. 103–65, § 1, Aug. 6, 1993, 107 Stat. 311; Pub. L. 105–277, div. C, title I, § 149(a), Oct. 21, 1998, 112 Stat. 2681–610; Pub. L. 106–5, § 1(1), (2), Mar. 30, 1999, 113 Stat. 9; Pub. L. 106–70, § 1, Oct. 9, 1999, 113 Stat. 1031; Pub. L. 107–8, § 1, May 11, 2001, 115 Stat. 10; Pub. L. 107–17, § 1, June 26, 2001, 115 Stat. 151; Pub. L. 107–170, § 1, May 7, 2002, 116 Stat. 133; Pub. L. 107–171, title X, § 10814(a), May 13, 2002, 116 Stat. 532; Pub. L. 107–377, § 2(a), Dec. 19, 2002, 116 Stat. 3115; Pub. L. 108–73, § 2(a), Aug. 15, 2003, 117 Stat. 891; Pub. L. 108–369, § 2(a), Oct. 25, 2004, 118 Stat. 1749; Pub. L. 109–8, title X, § 1001(a)(1), (c), Apr. 20, 2005, 119 Stat. 185, 186.)Editorial NotesCodification

For repeal of section effective Oct. 1, 1998, and subsequent reenactment of section, see note set out preceding section 1201 of this title.

Statutory Notes and Related SubsidiariesEffective Dates

Permanent reenactment of section effective July 1, 2005, see section 1001(a)(2) of Pub. L. 109–8, set out as a Repeal, Reenactment, and Termination of Chapter note under section 1201 of this title. For effective dates of section and amendments extending periods for which section was reenacted prior to permanent reenactment, see Effective Date and Effective Date of 1999, 2001, 2002, 2003, and 2004 Amendment notes set out under section 1201 of this title.

Notes of Decisions
Cited in 51 cases (1 in the last 5 years), 1987–2021 · leading case: Knudsen v. Internal Revenue Serv., 581 F.3d 696 (8th Cir. 2009).
Sort: Relevance Newest Treatment
Knudsen v. Internal Revenue Serv., 581 F.3d 696 (8th Cir. 2009). · cites it 4× “Additionally, even though there is no "separate taxable entity" in a Chapter 12 case, an "estate" still exists, pursuant to 11 U.S.C. § 1207 (a), which provides: § 1207.”
Ricky Wayne Bracewell v. Walter W. Kelley, 454 F.3d 1234 (11th Cir. 2006). · cites it 2× “” 11 U.S.C. § 1207 (a)(1). *1240 If § 541(a)(1) did not generally limit the property of the estate to that which existed at the time of filing, there would be no reason for § 1207(a)(1) to extend the cutoff point to the earlier of the closing, dismissal, or conversion date in…”
Off. Comm. of Unsecured Creditors v. R.F. Lafferty & Co., Inc. Cogen Sklar, L.L.P, 267 F.3d 340 (3rd Cir. 2001). “11 U.S.C. §§ 1207 , 1306. “Such actions .”
In Re Juan O. Plata, in Re Catalina Plata, Debtors. Peter H. Arkison, Tr. v. Juan O. Plata, Catalina Plata, 958 F.2d 918 (9th Cir. 1992). · cites it 4× “11 U.S.C. § 1207 (a)(1), (2). Debtors were entitled to, and did, remain in possession of their estate and continued to operate their family farming business.”
In Re: Wayne E. Bell, Jr., Debtor. Wayne E. Bell, Jr. v. Deborah Bell, 225 F.3d 203 (2d Cir. 2000). · cites it 2× “” 11 U.S.C. § 1207 (a) (emphasis added). Under this provision, courts held that the post-conversion estate under Chapter 7 included the property acquired by the debtor after filing the petition under Chapter 12 but before conversion.”
Bracewell v. Kelley (In Re Bracewell), 322 B.R. 698 (M.D. Ga. 2005). · cites it 3× “Regarding the first payment, the court held that the crop disaster payments were “proceeds” of property of the estate by virtue of 11 U.S.C.A. § 1207 . Id. at *4 . Section 1207 states, in part: “Property of the estate includes, in addition to the property specified in section…”
In re Thorpe, 563 B.R. 576 (Bankr. E.D. Pa. 2017). · cites it 2× “commencement of the case, see 11 U.S.C. § 1207 (a), but the claim existed independent of the bankruptcy case and did not involve any rights created by the Bankruptcy Code.”
In Re Mikkelsen Farms, Inc., 74 B.R. 280 (Bankr. D. Or. 1987). · cites it 2× “See, 11 U.S.C. § 1207 ; 11 U.S.C. § 1306 . That section is § 1207 which states: (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…”
Stevens v. Downing, Alexander, Wood & Ilg, 693 N.W.2d 532 (Neb. 2005). “Thus, under a chapter 12 bankruptcy proceeding, when a cause of action accrued to a debtor is immaterial to the determination of whether the claim is part of the bankruptcy estate, so long as the case has not been closed, dismissed, or converted to a chapter 7 bankruptcy.”
In Re Mid-City Parking, Inc., 332 B.R. 798 (Bankr. N.D. Ill. 2005). “Because debtors-in-possession under Chapters 11, 12, and 13 generally retain possession of estate property, see 11 U.S.C. §§ 1207 (b), 1306(b), 1106(a)(1), 1107(a), 1108, they are also considered to be in control of lawsuits belonging to the bankruptcy estate under § 541(a) and,…”
In Re Brandenburger, 145 B.R. 624 (Bankr. D.S.D. 1992). · cites it 2× “Nail further opined that under 11 U.S.C. § 1207 an estate in Chapter 12 exists until the case is closed, dismissed, or converted, whichever comes first.”
Dawson v. Thomas (In Re Dawson), 411 B.R. 1 (D.D.C. 2008). “In chapters 12 and 13, the debtor generally remains in possession of the property of the estate, 11 U.S.C. §§ 1207 (b) and 1306(b), and a plan is generally funded via payments from the debtor.”
Show all 51 citing cases →
— 11 U.S.C. § 1207(a) — 2 cases
Knudsen v. Internal Revenue Serv., 581 F.3d 696 (8th Cir. 2009). “Additionally, even though there is no "separate taxable entity" in a Chapter 12 case, an "estate" still exists, pursuant to 11 U.S.C. § 1207 (a), which provides: § 1207.”
In Re Schilke, 379 B.R. 899 (Bankr. D. Neb. 2007).
— 11 U.S.C. § 1207(a)(1) — 1 case
Rogers v. Freeman (In re Freeman), 527 B.R. 780 (Bankr. N.D. Ga. 2015).
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.