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§ 348(f)

In re Pruneski

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

Hutchinson v. Del. Sav. Bank FSB

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