Chapter 8 - § 8.1 PROPERTY OF THE BANKRUPTCY ESTATE — BANKRUPTCY CODE § 541(a)

• Jurisdiction: Colorado

§ 8.1 PROPERTY OF THE BANKRUPTCY ESTATE — BANKRUPTCY CODE § 541(a)

Property of the debtor's estate is broadly defined as "all legal or equitable interests of the debtor in property as of the commencement of the case."³ Accordingly, the bankruptcy estate succeeds only to the title and rights in the property that the debtor possessed at the time of the bankruptcy filing.

Property interests, for the debtor or other parties, are defined by state law, and unless some federal law or interest requires a different result, property of a bankruptcy estate is defined by applicable state law.⁴ For example, if a mechanics' lienholder were to file bankruptcy, the lien would remain property of the estate, and the debtor-in-possession or trustee could enforce the debtor's lien rights under state law.

--------

Notes:

^[3] 11...