March, 2013

Is it Safe to File a California Chapter 7 Bankruptcy Holding Unvested Stock Options?

When a debtor obtains property after the filing which is on account of both prepetition and postpetition services, the property is divided between the debtor and the estate in the same ratio as the services. In re Jess, 215 B.R. 618 (9th Cir.BAP 1997).  So what does that mean?  Well if your stock options are dependent on your personal services, you had better pay attention.   That’s...

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