- 11 U.S.C.
Castleman, In re--Castleman v. Burman
Jul
28
2023
Ruling
Post-petition, pre-conversion appreciation in the debtors' home value belonged to the estate,not the debtors, upon the debtors' conversion from Chapter 13 to Chapter 7. (9th Cir.)
Issue(s)
Effect of Conversion; Property of the Estate in Cases Converted from Chapter 13;
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Judge or Jurisdiction information not available
- 11 U.S.C.
Barrera, In re--Rodriguez v. Barrera
Jan
19
2022
Ruling
Proceeds due to the appreciation in value of Chapter 13 debtors' property from post-petitionsale conducted prior to conversion to Chapter 7 were property of the debtors. (10th Cir.)
Issue(s)
Effect of Conversion; Property of the Estate in Cases Converted from Chapter 13;
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Judge or Jurisdiction information not available
- 11 U.S.C.
Cofer, In re
Jan
08
2021
Ruling
Debtor's home that was still in debtor’s possession remained estate property after conversionfrom Chapter 13 to Chapter 7. (Bankr. D. Idaho)
Issue(s)
Effect of Conversion; Property of the Estate in Cases Converted from Chapter 13;
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- 11 U.S.C.
Love, In re
Jun
10
2019
Ruling
Personal injury claim acquired by debtor wife after the Chapter 13 petition date but prior tothe date debtors' case was converted to Chapter 7 was not property of debtors' bankruptcyestate. (Bankr. E.D. Va.)
Issue(s)
Effect of Conversion; Property of the Estate in Cases Converted from Chapter 13;
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- 11 U.S.C.
Ivey, In re
Mar
21
2017
Ruling
Request for compensation and allowace of administrative expenses denied as allundistributed funds must be returned to debtor after conversion. (Bankr. E.D. Ark.)
Issue(s)
Effect of Conversion; Property of the Estate in Cases Converted from Chapter 13;
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- 11 U.S.C.
In re Beauregard
Jul
10
2015
Ruling
Funds held by chapter 13 trustee had to be turned over to debtors upon voluntary conversion to chapter 7.
Issue(s)
In three cases voluntarily converted by debtors from chapter 13 to chapter 7, was chapter 13 trustee obligated to turn over any funds being held to debtors?
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- 11 U.S.C.
In re Tobkin
Mar
25
2013
Ruling
Debtor lawyer's contingency fee payments received prior to conversion date were property of the estate.
Procedural posture
Debtor, pre-petition, was an attorney involved in contingent fee personal injury cases, and listed the right to receive distribution from certain cases. When a fee was received during his chapter 13 case, debtor asserted that he used that distribution for ordinary and necessary expenses, and that it was exempt pursuant to Fla. Stat §222.11. The trustee argued that such contingent fees were not exempt, and were part of the debtor's estate.
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- 11 U.S.C.
Warfield v. Salazar (In re Salazar)
Apr
05
2012
Ruling
Refund received and spent prior to conversion from chapter 13 to chapter 7 properly held not to be property of the estate.
Procedural posture
Trustee challenged a ruling of the U.S. Bankruptcy Court for the District of Arizona denying a motion to compel appellee debtors, who had filed a chapter 13 that was converted to a chapter 7, to pay over funds received as a tax refund during the pendency of the chapter 13 case. Debtors had successfully claimed that as they had spent the funds, the refund no longer constituted "estate property" per 11 U.S.C.S. § 348(f)(1)(A).
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Judge or Jurisdiction information not available
- 11 U.S.C.
In re Lang
Sep
17
2010
Ruling
Debtor in converted chapter 7 case not required to turn over difference between current value of vehicle and value at date of original filing under chapter 13.
Procedural posture
A Chapter 7 trustee moved to compel the debtor to turn over $7,250, which was the non-exempt value of an automobile as of the date of the filing of the case in Chapter 13. The central issue was whether the debtor had to account for that value even after the conversion of her case to Chapter 7.
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- 11 U.S.C.
In re Grein
Aug
09
2010
Ruling
Assets not subject to turnover after reconversion from chapter 13 back to chapter 7 due to benefit received by unsecured creditors in chapter 13.
Procedural posture
In a chapter 7 proceeding, the trustee moved to compel turnover of non- exempt portions of debtors' accounts receivable and equity in their automobile. The issues were whether the assets generated from a disposition of assets belonging to debtors during a chapter 13 case were property of a chapter 7 estate after conversion, and whether debtors had to surrender the value of that property to the chapter 7 trustee following conversion.
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