Adams v. Bostick (In re Bostick)
Feb
02
2009
Ruling
Post-chapter 13 petition lottery winnings were not part of estate after conversion to chapter 7 by trustee.
Procedural posture
The United States trustee moved for the entry of a default judgment denying the debtor a discharge in her converted chapter 7 case, pursuant to 11 U.S.C.S. § 727(a). The issue was whether property in the form of lottery winnings won after the filing of the chapter 13 petition was property of the chapter 7 estate within the purview of 11 U.S.C.S. § 727(a)(2)(B).
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Court
:
In re Intl Galleries Inc.
Aug
25
2008
Ruling
Appointment of accounting firm that originally served in chapter 11 case approved nunc pro tunc where trustee's counsel had neglected to apply for reappointment of firm after conversion to chapter 7.
Procedural posture
A trustee who was appointed to represent a corporate debtor's bankruptcy estate under chapter 7 of the Bankruptcy Code filed an application to employ an accounting firm nunc pro tunc. A creditor filed an objection to the application.
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Court
:
- 11 U.S.C.
In re Kahl
Jul
24
2008
Ruling
Conversion to chapter 11 approved based on potential return to creditors despite incomplete schedules and disclosures.
Procedural posture
A debtor originally filed for relief under chapter 7 of the Bankruptcy Code, and filed a motion to convert the case to a chapter 13 proceeding. A chapter 7 trustee objected to the proposed conversion because the trustee contended that the debtor had failed to disclose important information in the schedules that he filed.
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Court
:
In re Hines
Jul
15
2008
Ruling
Conversion to chapter 7 from chapter 13 required a new 341 meeting and created a new 30-day period for trustee to object to debtor's claimed exemptions.
Procedural posture
A debtor filed for relief under chapter 13 of the Bankruptcy Code and the matter was converted to a proceeding under chapter 7. A chapter 7 trustee filed a motion to extend time to object to the exemptions claimed by the debtor. The debtor objected to the motion for extension of time.
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Court
:
- 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
:
In re Lloyd
Dec
18
2007
Ruling
Chapter 7 case reopened upon recovery of prepetition unpaid earnings and converted to chapter 13 with opportunity for filing proofs of claim regardless of prior discharge.
Procedural posture
The debtor received a discharge under chapter 7. Almost six years after that case was closed, the debtor filed a motion to reopen the case, reporting that the debtor has been awarded a monetary recovery which included unpaid earnings during the period that preceded the filing of his bankruptcy case. The court granted the motion to reopen. The debtor then moved to convert the case to a case under chapter 13.
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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
:
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
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