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Growing a business or becoming s stockholder during CH13

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    Growing a business or becoming s stockholder during CH13

    I have 2 opportunites that won't immediately make me more money, but they are opportunities. One is a joint venture with another CPA - a start up. We want to set up a C-Corp (best for our purposes) and in this case I don't believe this would affect my CH13. Owning stock in a start-up with no assets adds no value to my holdings, thus no affect on my CH13. The 2nd opportunity is to begin to take over a family members CPA practice. This one is different. If I became 1/2 owner I would immediately have added asset value, and the attorney would have to report this to my trustee which could cause an amendment to my CH13 payments due to exisitng value of the business.

    If I start making more money I don't have a problem with an adjustment to my CH13. But, I don't think I'll be able to take any ownership of the CPA practice. Even though I wouldn't make a penny more, I'd technically be worth more, and my payments would probably go up.

    Very frustrating. I guess it's time to get creative.

    #2
    Once your plan is confirmed, after acquired assets (e.g. stock in a company) is not an issue. You can acquire assets after a plan is confirmed (unless your plan was filed under BK code section 1306, which is rare; most chapter 13 plans are filed under section 1327, which vest property back to the debtor upon confirmation).

    Making "substantially" more money during a chapter 13 is an issue. The only asset that remains part of the BK after confirmation is future "income."

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      #3
      Originally posted by HHM View Post
      Once your plan is confirmed, after acquired assets (e.g. stock in a company) is not an issue. You can acquire assets after a plan is confirmed (unless your plan was filed under BK code section 1306, which is rare; most chapter 13 plans are filed under section 1327, which vest property back to the debtor upon confirmation).

      Making "substantially" more money during a chapter 13 is an issue. The only asset that remains part of the BK after confirmation is future "income."
      I'm not trying to hijack this thread, but I just noticed on my confirmation order, that my plan was filed under section 1306. Does this mean that I'm unable to aquire assets, property or stock during my chapter 13? Then also what would I have to do, if I wanted to sell my automobile?

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