Title 11 — Bankruptcy
Chapter 13 — Adjustment of Debts of an Individual with Regular Income
§ 1306. Property of the estate
Statutory text
Property of the estate includes, in addition to the property specified in section 541 of this title—
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
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.
Except as provided in a confirmed plan or order confirming a plan, the debtor shall remain in possession of all property of the estate.
Legislative history
Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.
Pub. L. 95–598 · 92 Stat. 2549
Enacted · 11 U.S.C. § 1306
Pub. L. 95–598, Nov. 6, 1978, 92 Stat. 2647
Source evidence
Code source credit
Pub. L. 95–598, Nov. 6, 1978, 92 Stat. 2647Bankruptcy Judges, United States Trustees, and Family Farmer Bankruptcy Act of 1986
Pub. L. 99–554 title II § 257(u) · 100 Stat. 3088
Inserted · 11 U.S.C. § 1306(a)
Pub. L. 99–554 inserted reference to chapter 12 in pars. (1) and (2)
Source evidence
Code amendment note
Subsec. (a). Pub. L. 99–554 inserted reference to chapter 12 in pars. (1) and (2).Enacted provision · exact public law section
(u) Section 1306(a) of title 11, United States Code, is amended— (1) in paragraph (1) by striking out “or 11” and inserting in lieu thereof “, 11, or 12”, and (2) in paragraph (2) by striking out “or 11” and inserting in lieu thereof “, 11, or 12”.Effective date note
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.
1 of 2 references resolved to an enrolled provision · 1 partial
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 , 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.
Credits
1978–1986 · 2 acts
Show as published
(Pub. L. 95–598, , 92 Stat. 2647; Pub. L. 99–554, title II, § 257(u), , 100 Stat. 3116.)