FEDERAL · 11 U.S.C. · Chapter SUBCHAPTER I—OFFICERS, ADMINISTRATION, AND THE ESTATE
Property of the estate
11 U.S.C. § 1306
Title11 — Bankruptcy
ChapterSUBCHAPTER I—OFFICERS, ADMINISTRATION, AND THE ESTATE
This text of 11 U.S.C. § 1306 (Property of the estate) is published on Counsel Stack Legal Research, covering United States primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Bluebook
11 U.S.C. § 1306.
Text
(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.
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Source Credit
History
(Pub. L. 95–598, Nov. 6, 1978, 92 Stat. 2647; Pub. L. 99–554, title II, §257(u), Oct. 27, 1986, 100 Stat. 3116.)
Editorial Notes
Historical and Revision Notes
legislative 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 Notes
Amendments
1986—Subsec. (a). Pub. L. 99–554 inserted reference to chapter 12 in pars. (1) and (2).
Statutory Notes and Related Subsidiaries
Effective 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.
legislative 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 Notes
Amendments
1986—Subsec. (a). Pub. L. 99–554 inserted reference to chapter 12 in pars. (1) and (2).
Statutory Notes and Related Subsidiaries
Effective 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.
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Bluebook (online)
11 U.S.C. § 1306, Counsel Stack Legal Research, https://law.counselstack.com/usc/11/1306.