Issue link: https://mbozikis.ufcontent.com/i/1422521
209 Twenty days after a party files a request for relief from the codebtor stay, such stay will be automatically terminated unless the debtor or the codebtor files and serves an objection to such request. 11 U.S.C. § 1301(d). D. Rights and Powers of Chapter 13 Trustee and Debtor Similar to a case under Chapter 7 of the Bankruptcy Code (discussed above in Chapter VII), Section 1302 of the Bankruptcy Code provides that, upon commencement of a Chapter 13 case, a trustee is to be appointed to oversee the case. Unlike in a Chapter 7 case, however, the trustee in a Chapter 13 case does not replace the debtor, but instead works with the debtor to administer the case. Sections 1302(b) and (c) set forth the duties of a Chapter 13 trustee. To a large extent, these duties are similar to those of a Chapter 7 trustee (discussed in greater detail in Chapter VII.B.). 11 U.S.C. § 1302(b)(1). However, the Chapter 13 trustee holds fewer responsibilities than other trustees and only generally monitors the case and ensures that the basic rules in a Chapter 13 case are adhered to. Although the principal administrator in a Chapter 13 case is the Chapter 13 trustee, the debtor has the exclusive powers of a trustee under Section 363 with respect to the use, sale and lease of property of the estate other than in the ordinary course of business. 11 U.S.C. § 1303. This Section should not be construed, however, to mean that the debtor does not possess other powers concurrently with the Chapter 13 trustee. See, e.g., Cable v. Ivy Tech State Coll., 200 F.3d 467 (7th Cir. 1999) (holding that a Chapter 13 debtor has standing to file, prosecute and appeal a cause of action belonging to the estate), overruled on other grounds by Hill v. Tangherlini, 724 F.3d 965 (7th Cir. 2013). Unless the confirmed plan or confirmation order provides otherwise, the Chapter 13 debtor remains in possession of all property of the estate. 11 U.S.C. § 1306(b). Chapter 13 differs slightly from Chapter 7, however, in that the property of the estate in a Chapter 13 case includes not only all property of the estate as provided in Section 541 (see discussion above in Chapter V.B.1.), but also all

