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§ 348

Castleman, In re--Castleman v. Burman

Ruling
Post-petition, pre-conversion appreciation in the debtors' home value belonged to the estate,not the debtors, upon the debtors' conversion from Chapter 13 to Chapter 7. (9th Cir.)
Issue(s)
Effect of Conversion; Property of the Estate in Cases Converted from Chapter 13;

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:
Judge or Jurisdiction information not available
Consumer opinion summary, case decided on July 28, 2023 , LexisNexis #0923-053

Goetz, In re--Goetz v. Weber

Ruling
Bankruptcy court correctly concluded that post-petition, preconversion, nonexempt equity resulting from market appreciation and payments toward a mortgage lien accrued for the benefit of the bankruptcy estate upon conversion. (B.A.P. 8th Cir.)
Issue(s)
Effect of Conversion.

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Court :
Judge or Jurisdiction information not available
Consumer opinion summary, case decided on April 18, 2023 , LexisNexis #0723-053

Hillis, In re

Ruling
The interests of the Chapter 7 trustee were adequately represented by Chapter 13 trustee priorto conversion so that Chapter 7 trustee lacked power to reevaluate validity of liens. (Bankr.M.D. Ga.)
Issue(s)
Effect of Conversion; Property of the Estate in Cases Converted from Chapter 13;

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Consumer opinion summary, case decided on January 11, 2023 , LexisNexis #0323-026

Barrera, In re--Rodriguez v. Barrera

Ruling
Proceeds due to the appreciation in value of Chapter 13 debtors' property from post-petitionsale conducted prior to conversion to Chapter 7 were property of the debtors. (10th Cir.)
Issue(s)
Effect of Conversion; Property of the Estate in Cases Converted from Chapter 13;

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:
Judge or Jurisdiction information not available
Consumer opinion summary, case decided on January 19, 2022 , LexisNexis #0322-006

Taylor, In re

Ruling
Trustee could not modify Chapter 13 to require turnover of proceeds from settlement ofdebtor’s post-petition injury claim to pay all claims in full. (Bankr. D. Kan.)
Issue(s)
Effect of Conversion; Property of the Estate in Cases Converted from Chapter 13.

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Consumer opinion summary, case decided on July 21, 2021 , LexisNexis #0921-004

Castleman, In re

Ruling
Chapter 7 estate received the benefit of appreciation in the estate's property value for theperiod between the filing of a Chapter 13 case its conversion to a Chapter 7 case asappreciation was not a distinct and separate asset under the Bankruptcy Code. (Bankr. W.D.Wash.)
Issue(s)
Effect of Conversion; Property of the Estate in Cases Converted from Chapter 13;

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Consumer opinion summary, case decided on June 04, 2021 , LexisNexis #0721-077

Cofer, In re

Ruling
Debtor's home that was still in debtor’s possession remained estate property after conversionfrom Chapter 13 to Chapter 7. (Bankr. D. Idaho)
Issue(s)
Effect of Conversion; Property of the Estate in Cases Converted from Chapter 13;

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Consumer opinion summary, case decided on January 08, 2021 , LexisNexis #0221-028

Skandis, In re

Ruling
Court directed the U.S. Marshal to apprehend the debtor and made her explain failure tomeaningfully participate in meeting of creditors or file conversion schedules. (Bankr. W.D.Mich.)
Issue(s)
Effect of Conversion.

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Consumer opinion summary, case decided on November 02, 2020 , LexisNexis #1220-054

Love, In re

Ruling
Personal injury claim acquired by debtor wife after the Chapter 13 petition date but prior tothe date debtors' case was converted to Chapter 7 was not property of debtors' bankruptcyestate. (Bankr. E.D. Va.)
Issue(s)
Effect of Conversion; Property of the Estate in Cases Converted from Chapter 13;

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Consumer opinion summary, case decided on June 10, 2019 , LexisNexis #0819-053

Jackson, In re

Ruling
Challenged exemption disallowed where debtors had a property interest in the distribution contract on the petition date which were not exempted prior to the sale. (Bankr. W.D. Va.)
Issue(s)
Effect of Conversion; Property of the Estate in Cases Converted from Chapter 13.

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Consumer opinion summary, case decided on July 17, 2018 , LexisNexis #0818-093