Disclosure of Post-Petition Claims
property, the debtor shall within 14
days after the information comes
to the debtor’s knowledge or within
such further time the court may allow,
file a supplemental schedule in the
chapter 7 liquidation case, chapter 11
reorganization case, chapter 12 family
farmer’s debt adjustment case, or
chapter 13 individual debt adjustment
case. If any of the property required to
be reported under this subdivision is
claimed by the debtor as exempt, the
debtor shall claim the exemptions in
the supplemental schedule. The duty
to file a supplemental
schedule
in
accordance with this
subdivision continues
notwithstanding
the
closing of the case,
except
that
the
schedule need not be
filed in a chapter 11,
chapter 12, or chapter
13 case with respect
to property acquired
after entry of the order
confirming a chapter
11 plan or discharging
the debtor in a chapter
12 or chapter 13 case.
the Code) . . . . But the bankruptcy court
has the discretion, under Rule 1009, to
require a debtor to amend his schedule
of assets to disclose a new property
interest acquired after the confirmation
of the debtor’s plan.
In re Waldron, 536 F.3d 1239, 1246
(11th Cir. 2008). See also In re Bratcher,
No. 08-36225, 2013 Bankr. LEXIS
3904, at *4 (Bankr. S.D. Tex. Sep. 19,
2013). Furthermore, it is impractical to
require a chapter 13 debtor to amend
schedules constantly when the post-
schedules to disclose new assets is
ongoing until the discharge or dismissal
of the chapter 13 case. Rainey v. UPS,
466 F. App’x 542, 544 (7th Cir. 2012)
(“Debtors have a continuing duty to
schedule newly acquired assets while
the bankruptcy case is open.”); Barbosa
v. Soloman, 235 F.3d 31, 36-37 (1st Cir.
2000); Burnes v. Pemco Aeroplex, Inc.,
291 F.3d 1282, 1286 (11th Cir. 2002)
(explaining that a debtor’s duty to
disclose financial affairs in bankruptcy
filings “is a continuing one that does
not end once the forms are submitted
to the bankruptcy
court; rather, a debtor
must amend his
financial statements
if
circumstances
change”).
Again,
check
your
jurisdiction.
“Courts have correctly held that
a chapter 13 debto r’s interest in
claims arising post-petition are
part of the bankruptcy estate... If
any of the property required to be
reported under this subdivision
is claimed by the debtor as
exempt, the debtor shall claim the
exemptions in the
supplemental schedule.”
A strict reading of this
rule indicates that only
new interests set out in
§ 541(a)(5) need to be
disclosed (inheritance,
property
settlement
agreement/divorce, or life insurance).
The Eleventh Circuit has stated
We do not hold that a debtor has a free
standing duty to disclose the acquisition
of any property interest after the
confirmation of his plan under Chapter
13. Neither the Bankruptcy Code nor
the Bankruptcy Rules mention such
a duty, cf. Fed. R. Bankr.P. 1007(h)
(requiring a debtor to supplement his
schedule regarding interests acquired
after petition under section 541(a)(5) of
petition estate obtains new assets.
“[O]bviously, such a requirement would
be unworkable, since the debtor’s
schedules would have to be amended
to
reflect each paycheck or acquisition of
property, as well as every expenditure.”
8 Collier on Bankruptcy ¶ 1306.01 at
1306-3 (16th ed.).
However, most courts still find, with little
analysis or reference to the Bankruptcy
Code or Rules, that the duty to amend
National Association of Consumer Bankruptcy Attorneys
Winter 2018
Standing
A debtor’s standing
to pursue his claim
stems
from
11
U.S.C. § 1303 and
Bankruptcy
Rule
6009. There is no
explicit
provision
that requires the
post-petition
claim
be disclosed in an
amended schedule
before the debtor has
standing. Bankruptcy
Rule 6009 states that “With or without
court approval, the trustee or debtor
in possession may prosecute or may
enter an appearance and defend any
pending action or proceeding by or
against the debtor, or commence and
prosecute any action or proceeding in
behalf of the estate before any tribunal.”
Standing should be determined by only
two factors. First is the claim property
of the estate and second under what
chapter of the Bankruptcy Code is
CONSUMER BANKRUPTCY JOURNAL
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