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§ 348(f)(1)(B)

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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Consumer opinion summary, case decided on January 11, 2023 , LexisNexis #0323-026
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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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Consumer opinion summary, case decided on June 18, 2015 , LexisNexis #0715-039
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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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Consumer opinion summary, case decided on March 01, 2013 , LexisNexis #0313-108
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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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Court :
Judge or Jurisdiction information not available
opinion summary, case decided on January 11, 2007 , LexisNexis #0407-013
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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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