- 11 U.S.C.
Castleman, In re--Castleman v. Burman
Jul
28
2023
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
- 11 U.S.C.
Hillis, In re
Jan
11
2023
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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Court
:
- 11 U.S.C.
Barrera, In re--Rodriguez v. Barrera
Jan
19
2022
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
- 11 U.S.C.
Castleman, In re
Jun
04
2021
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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:
- 11 U.S.C.
Cofer, In re
Jan
08
2021
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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:
- 11 U.S.C.
Love, In re
Jun
10
2019
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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:
- 11 U.S.C.
Ivey, In re
Mar
21
2017
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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:
- 11 U.S.C.
In re Beauregard
Jul
10
2015
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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- 11 U.S.C.
In re Martinez
Jun
18
2015
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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- 11 U.S.C.
In re Clements
Jun
28
2013
Ruling
Chapter 13 trustee required to return debtor's postpetition, preconversion earnings.
Issue(s)
Whether, after conversion of a debtor's chapter 13 bankruptcy case prior to confirmation of the debtor's plan, undistributed plan payments derived from the debtor's postpetition assets had to be returned to the debtor or distributed to a law firm that represented the debtor to pay the firm's fees and expenses.
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