- 11 U.S.C.
Fam, In re
Aug
31
2022
Ruling
Debtor's motion seeking turnover of funds on hand upon dismissal of Chapter 13 case couldnot be granted as the confirmation order was a valid, binding order even after dismissal.(Bankr. D.D.C.)
Issue(s)
Effect of Dismissal; Specific Effects; Revesting of Property of the Estate.
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Judge or Jurisdiction information not available
- 11 U.S.C.
Sherman, In re
Mar
03
2022
Ruling
Court held that funds undistributed upon post-confirmation dismissal of a Chapter 13 casepresumptively should be returned to the person in whom the property previously was vested.(Bankr. E.D. Pa.)
Issue(s)
Effect of Dismissal; Specific Effects; Revesting of Property of the Estate.
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Court
:
- 11 U.S.C.
Sundaram, In re--Sundaram v. Briry, LLC
Aug
13
2021
Ruling
Insurance proceeds paid to creditor pursuant to bankruptcy court order prior to dismissal ofchapter 13 case were not required to be returned to the debtor. (1st Cir.)
Issue(s)
Effect of Dismissal; Specific Effects; Revesting of Property of the Estate.
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Judge or Jurisdiction information not available
- 11 U.S.C.
Lopez, In re--Viegelahn v. Lopez
Jul
31
2018
Ruling
Court affirmed that debtors were entitled to the return of homestead proceeds as they voluntarily dismissed their case. (5th Cir.)
Issue(s)
Effect of Dismissal; Specific Effects; Revesting of Property of the Estate.
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Judge or Jurisdiction information not available
- 11 U.S.C.
In re Edwards
Sep
22
2015
Ruling
Undistributed property held by chapter 13 trustee had to be distributed to debtors upon dismissal.
Issue(s)
Whether post-petition property and wages in the trustee's possession at the time of dismissal of a chapter 13 case had to be distributed to creditors in accordance with the chapter 13 plan or returned to the debtor.
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- 11 U.S.C.
In re Weatherspoon
Jan
03
2014
Ruling
Postpetition funds in trustee's hands revested with debtor after postconfirmation dismissal and could not be paid to debtor's counsel.
Issue(s)
Should postpetition funds in hands of trustee on dismissal of chapter 13 case be paid to debtor or to debtor's counsel.
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- 11 U.S.C.
In re Perman
Sep
18
2013
Ruling
Confirmation denied due to provision that estate property would be disbursed to debtor's attorney in event of dismissal.
Issue(s)
Could debtor's plan propose to set aside projected attorneys' fees for disbursement to debtor's attorney upon confirmation or dismissal.
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- 11 U.S.C.
Stevenson v. Bankowski (In re Stevenson)
Feb
10
2009
Ruling
Order for disbursement of undistributed chapter 13 plan payments to administrative creditor after dismissal of claim upheld.
Procedural posture
After the dismissal of appellant debtor's chapter 13 case, appellee trustee moved for an order to disburse the debtor's undistributed plan payments. The debtor objected and requested a refund. The Bankruptcy Court for the District of Massachusetts denied the refund request on the ground that the debtor failed to appear at the hearing and ordered the funds distributed to appellee administrative claimant. The debtor appealed.
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Court
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Judge or Jurisdiction information not available
- 11 U.S.C.
In re Cox
Jan
04
2008
Ruling
Settlement funds from lawsuit pending on petition date were property of the estate and could not be turned over to chapter 13 debtor upon voluntary dismissal.
Procedural posture
Debtors filed a petition under chapter 13 of the Bankruptcy Code and a plan for repaying their creditors. Thirteen months later, they filed a motion to dismiss their bankruptcy case, and the court granted their motion and directed distribution of the funds. The debtors filed a motion for an order requiring the chapter 13 trustee to turn over funds. The trustee opposed the motion.
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Court
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