Lentz v. Myers (In re Myers)
Feb
14
2013
Ruling
All property held by debtor as of date of bad faith conversion to chapter 7 was property of the estate.
Procedural posture
The chapter 7 trustee sought an adjudication that certain legal causes of action pursued by defendants, debtors and their subsequently-formed corporation against third-parties in a district court action were property of the debtors' chapter 7 bankruptcy estate, and whether the corporation was a successor in interest to the debtors.
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Court
:
- 11 U.S.C.
In re Wiggins
Sep
07
2012
Ruling
Conversion to chapter 7 was in bad faith due to spending of estate funds while chapter 13 case was still pending.
Procedural posture
Following debtors' conversion of their case from chapter 13 to chapter 7, the chapter 7 trustee moved to compel turnover of property of the estate, including funds and a one-half interest in real property inherited by one debtor, and asserted that debtors had made the conversion in bad faith.
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Court
:
In re Robinson
May
03
2012
Ruling
Postpetition accumulated equity in vehicles was not property of the estate.
Procedural posture
A chapter 7 trustee filed a motion to compel debtors to turn over property. The trustee contended that the debtors' post-petition accumulated equity in their vehicles, to the extent it exceeded any applicable exemptions, was property of the estate pursuant to 11 U.S.C.S. § 348(f).
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Court
:
- 11 U.S.C.
Warfield v. Salazar (In re Salazar)
Apr
05
2012
Ruling
Refund received and spent prior to conversion from chapter 13 to chapter 7 properly held not to be property of the estate.
Procedural posture
Trustee challenged a ruling of the U.S. Bankruptcy Court for the District of Arizona denying a motion to compel appellee debtors, who had filed a chapter 13 that was converted to a chapter 7, to pay over funds received as a tax refund during the pendency of the chapter 13 case. Debtors had successfully claimed that as they had spent the funds, the refund no longer constituted "estate property" per 11 U.S.C.S. § 348(f)(1)(A).
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Court
:
Judge or Jurisdiction information not available
In re Tillie Pierce House LLC
Aug
10
2011
Ruling
Motion for payment of escrowed funds for unpaid postpetition preconversion taxes upon debtor's default under stipulation denied as funds were property of the estate.
Procedural posture
Debtor filed a chapter 11 bankruptcy petition. The debtor and movant creditor executed a stipulation in which they agreed that the debtor would make monthly adequate protection payments to the creditor. The creditor filed a certification that the debtor defaulted on the stipulation. The case was converted to chapter 7. The creditor filed a motion for payment of escrowed tax moneys, seeking the release of funds held by the trustee.
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Court
:
In re McGregor
Jun
02
2011
Ruling
Determination in chapter 13 case that lien was unsecured had no binding effect after conversion to chapter 7.
Procedural posture
In a prior bankruptcy case, bankruptcy debtors converted their chapter 13 case in which a creditor's claim was deemed unsecured and the debtors received a chapter 7 discharge. The debtors objected to the creditor's secured claim in their instant chapter 13 case on the ground that the claim was unsecured and discharged in their prior case.
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Court
:
- 11 U.S.C.
In re Lang
Sep
17
2010
Ruling
Debtor in converted chapter 7 case not required to turn over difference between current value of vehicle and value at date of original filing under chapter 13.
Procedural posture
A Chapter 7 trustee moved to compel the debtor to turn over $7,250, which was the non-exempt value of an automobile as of the date of the filing of the case in Chapter 13. The central issue was whether the debtor had to account for that value even after the conversion of her case to Chapter 7.
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Court
:
- 11 U.S.C.
In re Grein
Aug
09
2010
Ruling
Assets not subject to turnover after reconversion from chapter 13 back to chapter 7 due to benefit received by unsecured creditors in chapter 13.
Procedural posture
In a chapter 7 proceeding, the trustee moved to compel turnover of non- exempt portions of debtors' accounts receivable and equity in their automobile. The issues were whether the assets generated from a disposition of assets belonging to debtors during a chapter 13 case were property of a chapter 7 estate after conversion, and whether debtors had to surrender the value of that property to the chapter 7 trustee following conversion.
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Court
:
Michael v. DeHart (In re Michael)
Jul
23
2010
Ruling
Undistributed funds from chapter 13 plan should be returned to debtor after conversion to chapter 7.
Procedural posture
Debtor filed a motion to compel the standing chapter 13 trustee to turn over funds that debtor paid into his chapter 13 plan but which were undistributed on the post-confirmation date the case was converted to chapter 7, asserting he was entitled to the funds under 11 U.S.C.S. § 348(e).
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Court
:
Mullican v. Moser
Aug
04
2009
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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Court
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