CARROLL v. LOGAN

No. 13-1024.

735 F.3d 147 (2013)

Rickey Dean CARROLL; Cheri Carroll, Debtors-Appellants, v. John Fletcher LOGAN, Trustee-Appellee.

United States Court of Appeals, Fourth Circuit.

Decided: October 28, 2013.


Attorney(s) appearing for the Case

ARGUED: Cortney I. Walker , Sasser Law Firm, Cary, North Carolina, for Appellants.

John Fletcher Logan , Office of the Chapter 13 Trustee, Raleigh, North Carolina, for Appellee.

ON BRIEF: Travis Sasser , Sasser Law Firm, Cary, North Carolina, for Appellants.

Michael Brandon Burnett , Office of the Chapter 13 Trustee, Raleigh, North Carolina, for Appellee.

Affirmed by published opinion. Judge WYNN wrote the opinion, in which Judge NIEMEYER and Judge FLOYD joined.


WYNN, Circuit Judge:

This appeal concerns whether Bankruptcy Code Section 1306(a) extends the 180-day time limit under Bankruptcy Code Section 541 for identifying property that may be included in a bankruptcy estate. Appellants Rickey Dean Carroll and Cheri Carroll argue that the bankruptcy court erred by including an inheritance that postdated their Chapter 13 bankruptcy petition by more than 180 days as part of their bankruptcy estate. Because Section 1306(a) plainly...

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