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Mullican v. Moser

Mullican v. Moser

Ruling
IRA became property of the debtors' estate upon bad faith conversion to chapter 7.
Procedural posture

Appellant debtors challenged a judgment of the United States Bankruptcy Court for the Eastern District of Texas, which found that the debtors had converted their case from chapter 13 to chapter 7 in bad faith, and that a large IRA they inherited had become property of the bankruptcy estate on the conversion (not petition) date. Appellee, the chapter 7 trustee, cross-appealed as to the date the IRA became property of the bankruptcy estate.

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Consumer opinion summary, case decided on August 04, 2009 , LexisNexis #0909-064