- 11 U.S.C.
In re Hodges
Apr
24
2013
Ruling
Chapter 7 trustee ordered to abandon property where equity created by chapter 13 plan payments did not become property of the estate upon conversion.
Procedural posture
This contested matter was before the court on the Motion of Debtors to Compel Abandonment of Real Property pursuant to Fed. R. Bankr. P. 6007(b), asking the court to compel the chapter 7 trustee to abandon debtors' residential real property. The chapter 7 trustee filed an Objection to the Motion. A creditor filed a response to the motion stating that it had a recorded judgment lien on the property and had filed a secured claim.
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Court
:
- 11 U.S.C.
In re Tobkin
Mar
25
2013
Ruling
Debtor lawyer's contingency fee payments received prior to conversion date were property of the estate.
Procedural posture
Debtor, pre-petition, was an attorney involved in contingent fee personal injury cases, and listed the right to receive distribution from certain cases. When a fee was received during his chapter 13 case, debtor asserted that he used that distribution for ordinary and necessary expenses, and that it was exempt pursuant to Fla. Stat §222.11. The trustee argued that such contingent fees were not exempt, and were part of the debtor's estate.
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Court
:
- 11 U.S.C.
In re Griffin
Mar
01
2013
Ruling
Chapter 13 valuation of vehicle could not be used after conversion to chapter 7 in post- amendment case.
Procedural posture
Debtor filed a petition under chapter 13 of the Bankruptcy Code, and after her case was converted to one under chapter 7, she filed a motion pursuant to 11 U.S.C.S. § 722 to redeem a 2004 automobile that was subject to a lien. The court held a hearing on the debtor's motion.
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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
:
- 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
- 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
:
- 11 U.S.C.
In re Kowalski
Mar
01
2007
Ruling
Valuation established in chapter 13 case applied to redemption by debtors after conversion to chapter 7.
Procedural posture
After bankruptcy debtors' chapter 13 plan was confirmed and partially performed, the debtors'case was converted to chapter 7 and the debtors moved to redeem their vehicle at its published value, but the creditor secured by the vehicle asserted that the debtors were bound by the higher valuation for the vehicle which was established in the chapter 13 case.
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Court
:
- 11 U.S.C.
Kendall v. Lynch (In re Lynch)
Jan
11
2007
Ruling
Bankruptcy court erred in requiring trustee to rely on debtor's original chapter 13 valuation and abandon property when valuation should have been determined upon conversion to chapter 7.
Procedural posture
Appellant, a chapter 7 trustee, sought review of an order of the Bankruptcy Court for the Northern District of California, which compelled the trustee to abandon the residence owned by appellee debtors. The debtors had originally filed a chapter 13 plan, which had been converted to a chapter 7 proceeding post-confirmation.
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- 11 U.S.C.
In re John
Oct
04
2006
Ruling
Turnover ordered of property scheduled in chapter 13 petition and remaining in estate on date of conversion to chapter 7.
Procedural posture
Following debtors'voluntarily conversion of their chapter 13 case to chapter 7, the newly-appointed chapter 7 trustee filed a Motion to Compel Turnover of Personal Property of debtors.
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Court
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