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Serving
Massachusetts Agencies

Assets of the Estate and After-Acquired Property

Bankruptcy

All property owned by the debtor when the petition is filed is considered assets of the bankruptcy estate.

Generally speaking, property that is acquired by the debtor after the filing of a petition in bankruptcy is not included within the bankruptcy estate. But there are two notable exceptions to this rule. Property that is acquired by the debtor by way of bequest, devise or inheritance, as a result of a property settlement agreement with the debtor's spouse or of an interlocutory or final divorce decree, or as a beneficiary of a life insurance policy or death benefit plan within 180 days after filing for bankruptcy is considered to be property of the bankruptcy estate. Also, in the case of a Chapter 13 bankruptcy, all property acquired by the debtor after the bankruptcy filing is made is considered part of the bankruptcy estate.