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§ 348(e)

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

Michael v. DeHart (In re Michael)

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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Consumer opinion summary, case decided on July 23, 2010 , LexisNexis #1010-134

In re Intl Galleries Inc.

Ruling
Appointment of accounting firm that originally served in chapter 11 case approved nunc pro tunc where trustee's counsel had neglected to apply for reappointment of firm after conversion to chapter 7.
Procedural posture

A trustee who was appointed to represent a corporate debtor's bankruptcy estate under chapter 7 of the Bankruptcy Code filed an application to employ an accounting firm nunc pro tunc. A creditor filed an objection to the application.

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Commercial opinion summary, case decided on August 25, 2008 , LexisNexis #1208-108

In re Chavez

Ruling
Fees incurred by chapter 7 trustee's counsel prior to approval of employment and conversion to chapter 13 denied except for small administrative expense.
Procedural posture

Applicant, counsel for the chapter 7 trustee, sought approval of attorney's fees and costs totaling $33,504.90 for services provided during the first chapter 7 proceeding, during a second period while the case was converted to a chapter 13, and during a latter period after the case was reconverted to chapter 7.

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opinion summary, case decided on November 21, 2006 , LexisNexis #0207-087