Publication Date

Summer 2023

Journal

American Bankruptcy Law Journal

Abstract

During the COVID pandemic housing prices have soared. Consumers who have filed for bankruptcy are now looking at enormous realized and unrealized capital gains. This article assesses the chances that these consumer debtors can keep these gains out of the hands of their creditors. Part I of this two-part article addresses chapter 7 issues, which concern lien stripping, abandonment, and monetary exemptions. It also addresses lien stripping in chapter 13 cases. Part II will address whether a chapter 13 debtor must surrender appreciation value to the chapter 13 trustee or to a trustee in a converted chapter 7 case.

Volume

97

Issue

2

First Page

394

Last Page

437

Publisher

National Conference of Bankruptcy Judges

Keywords

bankruptcy, consumer bankruptcy lien stripping, exemptions, appreciation value, chapter 7, chapter 13

Disciplines

Bankruptcy Law | Law

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