In re Curtis
Jun
30
2015
Ruling
Property that vested in debtors upon confirmation of chapter 13 plan was subject to administration upon conversion to chapter 7.
Issue(s)
Were assets that vested in debtors upon chapter 13 plan confirmation required to be turned over as property of the estate after conversion to chapter 7?
ABI Membership is required to access the full summary of In re Curtis Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
In re Martinez
Jun
18
2015
Ruling
Petition date and not conversion date controlled valuation of debtor's property for avoidance purposes.
Issue(s)
What is the appropriate date for fixing valuation of debtor's property for a determination of whether debtor's homestead exemption was impaired by a creditor's lien?
ABI Membership is required to access the full summary of In re Martinez Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
In re Lien
Mar
16
2015
Ruling
Property of converted chapter 13 case ordered to become property of subsequent chapter 7 case where debtor converted the case in bad faith to avoid paying inheritance to trustee.
Issue(s)
Was debtors' conversion of case from chapter 13 to chapter 7 done in bad faith so that an inheritance received by the debtors while the case was in chapter 13 was property of the chapter 7 bankruptcy estate and subject to turnover?
ABI Membership is required to access the full summary of In re Lien Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
In re McIntosh
Jan
27
2015
Ruling
Reconsideration of denial of reconversion of case from chapter 7 back to chapter 13 in order to bring accident case settlement proceeds into debtors' estates denied.
Issue(s)
Whether the court should reconsider its decision not to reconvert debtors' cases from chapter 7 to chapter 13 in order that the trustee be allowed to receive into their estates and then distribute to their creditors proceeds from post-confirmation accident case settlements.
ABI Membership is required to access the full summary of In re McIntosh Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
In re McIntosh
Jan
27
2015
Ruling
Reconsideration of denial of reconversion of case from chapter 7 back to chapter 13 in order to bring accident case settlement proceeds into debtors' estates denied.
Issue(s)
Whether the court should reconsider its decision not to reconvert debtors' cases from chapter 7 to chapter 13 in order that the trustee be allowed to receive into their estates and then distribute to their creditors proceeds from post-confirmation accident case settlements.
ABI Membership is required to access the full summary of In re McIntosh Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
In re Markham
Dec
31
2013
Ruling
Chapter 7 debtors not entitled to turnover of undistributed, preconversion chapter 13 plan payments.
Issue(s)
Were debtors entitled to return of plan payments the trustee had not yet distributed when their chapter 13 case was converted to chapter .
ABI Membership is required to access the full summary of In re Markham Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
In re Clements
Jun
28
2013
Ruling
Chapter 13 trustee required to return debtor's postpetition, preconversion earnings.
Issue(s)
Whether, after conversion of a debtor's chapter 13 bankruptcy case prior to confirmation of the debtor's plan, undistributed plan payments derived from the debtor's postpetition assets had to be returned to the debtor or distributed to a law firm that represented the debtor to pay the firm's fees and expenses.
ABI Membership is required to access the full summary of In re Clements Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
In re Hodges
Apr
24
2013
Ruling
Chapter 7 trustee ordered to abandon property where equity created by chapter 13 plan payments did not become property of the estate upon conversion.
Procedural posture
This contested matter was before the court on the Motion of Debtors to Compel Abandonment of Real Property pursuant to Fed. R. Bankr. P. 6007(b), asking the court to compel the chapter 7 trustee to abandon debtors' residential real property. The chapter 7 trustee filed an Objection to the Motion. A creditor filed a response to the motion stating that it had a recorded judgment lien on the property and had filed a secured claim.
ABI Membership is required to access the full summary of In re Hodges Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 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.
ABI Membership is required to access the full summary of In re Tobkin Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
In re Griffin
Mar
01
2013
Ruling
Chapter 13 valuation of vehicle could not be used after conversion to chapter 7 in post- amendment case.
Procedural posture
Debtor filed a petition under chapter 13 of the Bankruptcy Code, and after her case was converted to one under chapter 7, she filed a motion pursuant to 11 U.S.C.S. § 722 to redeem a 2004 automobile that was subject to a lien. The court held a hearing on the debtor's motion.
ABI Membership is required to access the full summary of In re Griffin Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
: