Cite as: Keith M. Lundin, Lundin On Chapter 13, § 39.5, at ¶ ____, LundinOnChapter13.com (last visited __________).
This cryptic section gives the Chapter 13 debtor exclusive rights and powers to use, sell and lease property of the estate under § 363.1 This section may be more important for what it doesn’t say—it does not reference any other section of the Bankruptcy Code that would be available to a trustee under Chapter 7 or to a debtor-in-possession under Chapter 11. There has been much litigation of the rights of Chapter 13 debtors to use powers granted by sections of the Code that are not referenced in § 1303.2
1 See § 44.1 [ Debtor Has Exclusive Control of Estate Property ] § 45.1 Debtor Has Exclusive Possession and Control of Estate Property.
2 See, e.g, § 53.1 [ Strong-Arm Powers, Statutory Liens, Preferences and Fraudulent Conveyances ] § 50.3 Strong-Arm Powers, Statutory Liens, Preferences and Fraudulent Conveyances, discussing the debtor’s authority in avoidance actions.