Type: Amicus
Date: January 27, 2023
Description: Whether a postpetition increase in non-exempt equity in estate property belongs to the Chapter 7 estate, rather than to the debtor, where a bankruptcy case commenced under Chapter 13 is later converted to Chapter 7.
Result: Pending
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Goetz v. Weber (In re Goetz), No. 22-6009 (B.A.P. 8th Cir.)
Posted by NCBRC - February 9th, 2023
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Viegelahn v. Harris, No. 14-400 (U.S. S.Ct.)
Posted by NCBRC - March 19th, 2015
Type: Amicus
Date: February 2, 2015
Description: Whether chapter 13 trustee required to return funds to debtor received under plan prior to conversion but distributed to creditors post-conversion.
Result: Reversed, debtor won. -
Viegelahn v. Harris, No. 13-50374 (5th Cir.)
Posted by NCBRC - August 26th, 2013
Type: Amicus
Date: August 20, 2013
Description: Whether undistributed post-petition wages belong to the debtor upon conversion from chapter 13 to chapter 7.
Result: Reversed and Remanded, July 7, 2014 – Appeal to USSCt. No. 14-400 -
In re Taylor, No. 11-1879 (C.D. Cal.)
Posted by NCBRC - April 9th, 2012
Type: Debtor’s brief
Date: February 7, 2012
Description: Whether Bankruptcy Court erred in dismissing chapter 13 case, sua sponte, after notice of conversion to chapter 7 had been filed.
Result: Judgment reversed and remanded (April 13, 2012) -
DeHart v. Michael, No. 11-1992 (3d Cir.)
Posted by NCBRC - October 25th, 2011
Type: Amicus
Date: October 25, 2011
Description: Whether creditors have a vested right to undistributed post-petition funds paid into confirmed chapter 13 plan prior to conversion to chapter 7.
Result: Judgment affirmed, October 26, 2012 -
Marrama v. Citizens Bank of Massachusetts, No. 05-996 (USSCt)
Posted by NCBRC - September 1st, 2011
Type: Amicus
Date: August, 2006
Description: Whether section 706(a) grants debtor unqualified one-time right to convert from chapter 7 to chapter 13
Result: Affirmed. Debtor lost. 549 U.S. 365, 127 S.Ct. 1105 (2007)
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