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§ 348

Ivey, In re

Ruling
Request for compensation and allowace of administrative expenses denied as allundistributed funds must be returned to debtor after conversion. (Bankr. E.D. Ark.)
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 March 21, 2017 , LexisNexis #0717-006

Utterback v. Texas (In re Utterback)

Ruling
Claims for overpayment of benefits that arose prior to debtor's conversion to chapter 7discharged. (Bankr. E.D. Tex.)
Issue(s)
Effect of Conversion; Claims Arising Prior to Conversion.

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Consumer opinion summary, case decided on December 12, 2016 , LexisNexis #0117-038

In re Gorniak

Ruling
Property acquired by debtor in possession postpetition ordered turned over to trustee upon conversion from chapter 11 to chapter 7.
Issue(s)
Was debtor's proceeding to recover gaming license fees and the value of the license which was revoked pre-petition from the state gaming board barred by sovereign immunity.

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Consumer opinion summary, case decided on April 08, 2016 , LexisNexis #0516-002

In re Harris

Ruling
Chapter 13 trustee could not pay chapter 13 counsel's fees after conversion to chapter 7.
Issue(s)
Could chapter 13 debtor's counsel recover fees from the estate after conversion to chapter 7?

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Consumer opinion summary, case decided on February 01, 2016 , LexisNexis #0216-109

In re Marshall

Ruling
Debtor's counsel could not obtain approval of fees in chapter 13 case once debtor intended to convert prior to confirmation.
Issue(s)
Where chapter debtor intended to convert case to chapter 7 prior to confirmation could chapter 13 counsel have his fee application approved prior to conversion?

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Consumer opinion summary, case decided on January 28, 2016 , LexisNexis #0216-110

In re Beauregard

Ruling
Funds held by chapter 13 trustee had to be turned over to debtors upon voluntary conversion to chapter 7.
Issue(s)
In three cases voluntarily converted by debtors from chapter 13 to chapter 7, was chapter 13 trustee obligated to turn over any funds being held to debtors?

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Consumer opinion summary, case decided on July 10, 2015 , LexisNexis #0815-004

In re Curtis

Ruling
Property that vested in debtors upon confirmation of chapter 13 plan was subject to administration upon conversion to chapter 7.
Issue(s)
Were assets that vested in debtors upon chapter 13 plan confirmation required to be turned over as property of the estate after conversion to chapter 7?

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Consumer opinion summary, case decided on June 30, 2015 , LexisNexis #0715-071

In re Meier

Ruling
Debtor's former spouse allowed priority claim for missed domestic support obligation payments.
Issue(s)
Was debtor's former spouse entitled to a priority for support payments missed by debtor during a chapter 11 case prior to conversion to chapter 7?

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Consumer opinion summary, case decided on June 26, 2015 , LexisNexis #0715-110

In re Martinez

Ruling
Petition date and not conversion date controlled valuation of debtor's property for avoidance purposes.
Issue(s)
What is the appropriate date for fixing valuation of debtor's property for a determination of whether debtor's homestead exemption was impaired by a creditor's lien?

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Consumer opinion summary, case decided on June 18, 2015 , LexisNexis #0715-039

Harris v. Viegelahn

Ruling
A debtor who converts to Chapter 7 is entitled to return of any postpetition wages not yet distributed by the Chapter 13 trustee.
Issue(s)
Whether the debtor who converted from chapter 13 to chapter 7 was entitled to the return of any postpetition wages not yet distributed by the chapter 13 trustee?

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Consumer opinion summary, case decided on May 18, 2015 , LexisNexis #0715-038