Critical Case Comment

By Henry E. Hildebrand, III, Chapter 13 Trustee, Nashville, TN

Undistributed funds held by a Chapter 13 trustee at the time a debtor converts to a Chapter 7 should thereafter be distributed to creditors in accordance with the plan in place at the time the funds were received.

Viegelahn v. Harris, 2014 WL 3057095 (In re Harris) (5th Cir. July 7, 2014) (Graves)

Case Summary

In February of 2010, Charles Harris filed a petition under Chapter 13. He was seeking to cure a default on his home mortgage as well as pay a small . . .

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