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§ 348

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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In re Chavez

Nov
21
2006
Ruling
Fees incurred by chapter 7 trustee's counsel prior to approval of employment and conversion to chapter 13 denied except for small administrative expense.
Procedural posture

Applicant, counsel for the chapter 7 trustee, sought approval of attorney's fees and costs totaling $33,504.90 for services provided during the first chapter 7 proceeding, during a second period while the case was converted to a chapter 13, and during a latter period after the case was reconverted to chapter 7.

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opinion summary, case decided on November 21, 2006 , LexisNexis #0207-087
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In re Parsons

Nov
17
2006
Ruling
Post-petition earnings remaining in debtors'possession or control on conversion date were estate property subject to lowest intermediate balance rule.
Procedural posture

The debtors filed for relief under chapter 13, and the matter was converted to a proceeding under chapter 7. The chapter 7 trustee filed a motion for turnover to the estate the value of the funds that the debtors had in a bank account at the time that the chapter 13 proceeding was filed.

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opinion summary, case decided on November 17, 2006 , LexisNexis #0107-087
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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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opinion summary, case decided on October 04, 2006 , LexisNexis #1106-113
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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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opinion summary, case decided on September 26, 2006 , LexisNexis #0207-016
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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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opinion summary, case decided on July 05, 2006 , LexisNexis #0906-049
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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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In re Pruneski

Feb
09
2006
Ruling
Turnover of excess non-exempt assets after conversion to chapter 7 was denied since debtor had no equity in vehicles at time of filing under chapter 13.
Procedural posture

Movant trustee sought turnover of respondent debtor's excess, non-exempt assets.

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opinion summary, case decided on February 09, 2006 , LexisNexis #0806-016
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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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