§ 348(f)(1)

Barrera, In re--Rodriguez v. Barrera

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.)
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Court: Judge or Jurisdiction information not available
Consumer case opionion summary, case decided on January 19,2022, LexisNexis #0322-006

Castleman, In re

Ruling: 
Chapter 7 estate received the benefit of appreciation in the estate's property value for theperiod between the filing of a Chapter 13 case its conversion to a Chapter 7 case asappreciation was not a distinct and separate asset under the Bankruptcy Code. (Bankr. W.D.Wash.)
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Consumer case opionion summary, case decided on June 04,2021, LexisNexis #0721-077

Cofer, In re

Ruling: 
Debtor's home that was still in debtor’s possession remained estate property after conversionfrom Chapter 13 to Chapter 7. (Bankr. D. Idaho)
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Consumer case opionion summary, case decided on January 08,2021, LexisNexis #0221-028

Love, In re

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.)
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Consumer case opionion summary, case decided on June 10,2019, LexisNexis #0819-053

Ivey, In re

Ruling: 
Request for compensation and allowace of administrative expenses denied as allundistributed funds must be returned to debtor after conversion. (Bankr. E.D. Ark.)
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Consumer case opionion summary, case decided on March 21,2017, LexisNexis #0717-006

In re Beauregard

Ruling: 
Funds held by chapter 13 trustee had to be turned over to debtors upon voluntary conversion to chapter 7.
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Consumer case opionion summary, case decided on July 10,2015, LexisNexis #0815-004

In re Martinez

Ruling: 
Petition date and not conversion date controlled valuation of debtor's property for avoidance purposes.
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Consumer case opionion summary, case decided on June 18,2015, LexisNexis #0715-039

In re Clements

Ruling: 
Chapter 13 trustee required to return debtor's postpetition, preconversion earnings.
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Consumer case opionion summary, case decided on June 28,2013, LexisNexis #0813-075

In re Hodges

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.
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.
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Consumer case opionion summary, case decided on April 24,2013, LexisNexis #0513-039

In re Tobkin

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.
Ruling: 
Debtor lawyer's contingency fee payments received prior to conversion date were property of the estate.
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Consumer case opionion summary, case decided on March 25,2013, LexisNexis #0413-074

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