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§ 348(f)(1)

In re Niles

Mar
28
2006
Ruling
Value of chapter 7 estate's interest in proceeds from debtor's postconfirmation, preconversion sale of debtor's home was value given under confirmed chapter 13 plan.
Procedural posture

Debtor sold her home and netted $118,317, which exceeded the applicable homestead exemption by $18,317. The trustee sought possession of the $18,317 pursuant to 11 U.S.C. § 348(f)(1)(A). The matter was pending resolution by the court.

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opinion summary, case decided on March 28, 2006 , LexisNexis #0806-123
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Hutchinson v. Del. Sav. Bank FSB

Jan
25
2006
Ruling
Debtors were not bound following a chapter 7 conversion to the estate value stated in their chapter 13 plan since the debtors'claims against the lender were not listed in their chapter 13 plan but later in their chapter 7 case.
Procedural posture

Plaintiff debtors sued defendant lender for fraud, breach of contract, and violation of the New Jersey Consumer Fraud Act ("NJCFA") and sued defendant loan servicing companies for negligence/intentional tort, breach of contract, violation of the NJCFA, and violation of the Real Estate Settlement Procedures Act ("RESPA"). Defendants moved to dismiss.

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opinion summary, case decided on January 25, 2006 , LexisNexis #0206-005
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