U.S. Code » Title 11 » Chapter CHAPTER 13— ADJUSTMENT OF DEBTS OF AN INDIVIDUAL WITH REGULAR INCOME › Subchapter SUBCHAPTER I— OFFICERS, ADMINISTRATION, AND THE ESTATE

11 U.S.C. § 1306

Property of the estate

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(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 Noteslegislative 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.

Editorial NotesAmendments

1986—Subsec. (a). Pub. L. 99–554 inserted reference to chapter 12 in pars. (1) and (2).

Statutory Notes and Related SubsidiariesEffective Date of 1986 Amendment

Amendment by Pub. L. 99–554 effective 30 days after Oct. 27, 1986, but not applicable to cases commenced under this title before that date, see section 302(a), (c)(1) of Pub. L. 99–554, set out as a note under section 581 of Title 28, Judiciary and Judicial Procedure.

Notes of Decisions
Cited in 767 cases (69 in the last 5 years), 1980–2026 · leading case: Nicke v. Schwartzapfel Partners, P.C., 2017 NY Slip Op 2437 (N.Y. App. Div. 2017).
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Nicke v. Schwartzapfel Partners, P.C., 2017 NY Slip Op 2437 (N.Y. App. Div. 2017). · cites it 6× “Thus, in a Chapter 13 proceeding, a debtor generally retains his property, if he so proposes, and seeks court confirmation of a plan to repay his debts over a three- to five-year period ( see 11 USC §§ 1306 [b]; 1322, 1327[b]). Payments under a Chapter 13 plan are usually made…”
Sandra Slater v. United Steel Corp., 871 F.3d 1174 (11th Cir. 2017). · cites it 2× “See 11 U.S.C. § 1306 (a). But after the bankruptcy plan is confirmed, the property of the estate returns to the debtor except 3 If the debtor fails to make payments due under a Chapter 13 plan, he may be forced to convert to a Chapter 7 proceeding or the court may dismiss his…”
Houston v. Eiler (In Re Cohen), 305 B.R. 886 (9th Cir. BAP 2004). · cites it 5× “11 U.S.C. § 1306 (b). 10 Second, the duties of chapter 13 trustees are defined in part by reference to 11 U.”
Schewe v. Fairview Estates (In Re Schewe), 94 B.R. 938 (Bankr. W.D. Mich. 1989). · cites it 6× “§ 641 (a) and, in Chapter 13 cases, 11 U.S.C. § 1306 (a). After reviewing these statutory subsections, it appears that the only subsections which may apply are 11 U.”
White v. Brown (In Re White), 389 B.R. 693 (9th Cir. BAP 2008). · cites it 4× “11 U.S.C. § 1306 (b). If the debtor must turn over $144,816.”
Smith v. Rockett, 522 F.3d 1080 (10th Cir. 2008). · cites it 4× “See 11 U.S.C. § 1306 (b). The duties of a Chapter 13 trustee differ from those of a Chapter 7 trustee, compare 11 U.”
Educ. Assistance Corp. v. William Wesley Zellner, 827 F.2d 1222 (8th Cir. 1987). · cites it 3× “Ill 1985), the court concluded that since Zellner received the money more than 180 days after he filed his Chapter 13 petition, the money could not be considered property of the estate for valuation purposes. To determine what is estate property, Chapter 13 adopts the Chapter 5…”
In Re Petruccelli, 113 B.R. 5 (Bankr. S.D. Cal. 1990). · cites it 5× “In support of his position, he cites 11 U.S.C. § 1306 (a)(2). That section provides: (a) Property of the estate includes, in addition to the property specified in section 541 of this title— [[Image here]] (2) earnings from services performed by the debtor after the commencement…”
Deborah Seafort v. Beverly Burden, 669 F.3d 662 (6th Cir. 2012). · cites it 3× “” See 11 U.S.C. §§ 1306 (b), 1321, 1322(a)(1), 1328(a).”
Willie Love v. Tyson Foods, Inc., 677 F.3d 258 (5th Cir. 2012). · cites it 2× “While the property—including the cause of action—remained in the estate, Love was authorized to “remain in possession of all property of the estate,” 11 U.S.C. § 1306 (b), and, as a Chapter 13 debtor, to exercise certain “rights and powers of [the] trustee” with respect to the…”
Kerney v. Capital One Fin. Corp. (In Re Sims), 278 B.R. 457 (Bankr. E.D. Tenn. 2002). · cites it 3× “Illegal Taking or Attempting To Take Property of Estate; 11 U.S.C. §§ 1306 and 54.%. In the fifth claim set forth in the amended complaint, the plaintiffs contend that payments made by the debtors into their plans for distribution to creditors are property of the estate under 11…”
In Re: Wayne E. Bell, Jr., Debtor. Wayne E. Bell, Jr. v. Deborah Bell, 225 F.3d 203 (2d Cir. 2000). · cites it 3× “See 11 U.S.C. § 1306 (a). 18 Accordingly, before 1994 most courts of appeals also held that upon conversion from Chapter 13 to Chapter 7 all property of the Chapter 13 estate— including after-acquired property that is part of the Chapter 13 estate pursuant to § 1306(a)—was…”
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— 11 U.S.C. § 1306(a)(1) — 3 cases
In re Walley, 525 B.R. 320 (Bankr. E.D. Va. 2015).
Johnny Wynn Terry (Bankr. N.D. Tex. 2019).
Michele Robinson (Bankr. E.D. Va. 2023).
— 11 U.S.C. § 1306(a)(2) — 1 case
Rogers v. Freeman (In re Freeman), 527 B.R. 780 (Bankr. N.D. Ga. 2015).
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