- 11 U.S.C.
In re Gibson
Jan
17
2008
Ruling
Personal injury claim proceeds received after confirmation but prior to conversion were properly excepted by debtors.
Procedural posture
The debtors filed a motion asking the court for a declaration that a personal injury claim and the proceeds therefrom, arising after the filing of their chapter 13 petition and before conversion to chapter 7, was theirs and not property of the estate to be administered by the chapter 7 Trustee. The Trustee objected.
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Court
:
- 11 U.S.C.
In re Doetsch
Sep
12
2007
Ruling
Debtor's failure to disclose postconversion inheritance was not indicative of bad faith conversion.
Procedural posture
After a bankruptcy debtor's chapter 13 plan was confirmed and the debtor made plan payments for almost two years, the debtor received an inheritance and subsequently converted the case to chapter 13. The U.S. Trustee moved for a determination that the inheritance was property of the debtor's chapter 7 estate under 11 U.S.C. § 348(f)(2) because the debtor converted the case in bad faith.
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Court
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In re Reed
Jul
09
2007
Ruling
Postpetition tax refunds that were property of the estate at time of conversion could not be administered by chapter 7 trustee absent bad faith.
Procedural posture
Chapter 7 debtors in two cases filed motions to determine that their income tax refunds were not property of the chapter 7 estate. In a third chapter 7 case, the trustee filed a motion for turnover. In a fourth chapter 7 case, the chapter 7 debtors, who had converted their case from chapter 13, filed a motion to strike language in their chapter 13 confirmation order.
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Court
:
In re Crews
Jun
26
2007
Ruling
Postpetition wages paid to chapter 13 trustee in case where plan was never confirmed became property of the debtors.
Procedural posture
The debtors, a husband and wife, moved for the turnover to them of postpetition chapter 13 funds they earned, following the conversion of the husband's case to a chapter 7, and the dismissal of the wife's case. The issue was whether postpetition wages paid into a chapter 13 case, in which a plan was never confirmed, remained property of the debtor's estate under 11 U.S.C. § 1306, became property of the debtors under 11 U.S.C. § 348(f).
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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
:
Salas v. McGrannahan (In re Salas)
Sep
26
2006
Ruling
Debtors'residence properly valued as of chapter 13 plan confirmation prior to conversion to chapter 7.
Procedural posture
Appellants, chapter 7 debtors, challenged the decision of the bankruptcy court that denied the debtors'motion to force appellee chapter 7 trustee to abandon the estate's interest in the debtors'residence.
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Court
:
In re Perez
Jul
05
2006
Ruling
Trustee's motion to value debtors'property as of conversion date and employ realtor denied absent evidence of bad faith.
Procedural posture
A bankruptcy trustee moved for employment of a real estate broker to sell debtors'residence, but the debtors proposed to refinance the residence and pay the estate the value of the residence less exemptions, secured debt on the residence, and costs of sale.
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Court
:
- 11 U.S.C.
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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Court
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