From the Editor – Conversion and Dismissal

By The Honorable William Houston Brown (Retired)

Fifth Circuit gives undistributed money to creditors on conversion. On conversion of a confirmed case to Chapter 7, the undistributed funds held by the Chapter 13 trustee should go to creditors, except for $1,200 assigned by the debtor for unpaid attorney fees. The circuit panel discussed the split of authority on what passes to the Chapter 7 estate on conversion, prior to the 1994 amendment to § 348, as well as the absence of a statute that explicitly states what happens to undistributed money on conversion after the 1994 . . .

It looks like you are not signed in or registered! This content is only available to members.

Or Sign In Below:

No Author Biography has been linked to this Article.

Related Articles

February 2, 2020
By The Honorable William Houston Brown (Retired) Punitive damages reduced for FDCPA and RESPA violations. The mortgage servicer violated FDCPA, RESPA and the Illinois Consumer Fraud and Deceptive Business Practices Act by treating account as delinquent after Chapter 13 debtor had cured arrears, brought account current and obtained discharge. The servicer mistakenly marked the Chapter 13 case as dismissed rather...
Members
Mark
October 15, 2023
“Why do I need the FDCPA if there’s already a remedy under Rule 3001?” This is what the bankruptcy judge asked me when I brought an adversary proceeding against a claims buyer, alleging potential class claims under both the Fair Debt Collection Practices Act (“FDCPA”) and Bankruptcy Rule 3001(c)(2). The defendant had a business practice of filing high volumes of...
Members
AAA_4864
February 13, 2022
(Used with expressed permission from the MI Bankruptcy Journal and the Steven W. Rhodes Consumer Bankruptcy Conference)By Brittani Bushman, Judicial Law Clerk to the Hon. John T. Gregg, United States Bankruptcy Court for the Western District of Michigan B. Illustrative Decisions (Minority Approach) The Bankruptcy Appellate Panel for the Ninth Circuit recently issued a comprehensive unpublished decision adopting the minority...
Members
image004
April 2, 2023
Consumer law attorney, mentor and educator, Oliver Max Gardner III recently announced that he is retiring. His passion, diligent research and unmatched expertise has served as a north star in consumer law for so many of us. From building a community of like-minded enthusiasts through the renowned Bankruptcy Boot Camp and cultivating an army of consumer litigators to fiercely defending...
white-house-shutters
Chapter 13 in the Bankruptcy Code (1978 as amended) marks the first time that virtually all secured debts can be somewhat altered in a bankruptcy without getting the specific agreement of security holders.  Real benefit is provided to the debtors who have personal property with secured loans due.  Concepts including the automatic stay preventing enforcement or perfection of a security...
Members
Copy of Hildebrand-2016
April 17, 2022
In re Galloway, 2022 WL 1017951 (Bankr. N.D. Ill. April 5, 2022) A Chapter 13 trustee’s final audit and notice of completion of payments is not necessary or a precondition to the court granting a discharge to a debtor who has satisfied the requirements of § 1328. (Judge Thorne) Case Summary Tara Galloway filed a Chapter 13 petition in May...
Members
October 25, 2020
By Lawrence R. Ahern III, Brown & Ahern (Nashville, TN) Part V – Consumer Foreclosure Procedures (Continued) Introduction In the world of consumer bankruptcy, trustees and debtors' counsel often are uncomfortable with the rules in Article 9 of the Uniform Commercial Code (UCC). In this space, we have looked at several places where Article 9 meets the Bankruptcy Code. In...
Members
ahern_larry_regular
December 19, 2021
Introduction Following Part 1's review of the December 1, 2021 changes in the Federal Rules of Bankruptcy Procedure, Part 2 and
Members
April 25, 2021
By Pardis Akhavan, Resnik Hayes Moradi LLP (Encino, CA) The bankruptcy court in In re Ritter, 2021 WL 864092 (Bkrtcy C.D. Cal, 2021)(J. Tighe),denied debtors’ motion for an immediate discharge under Section 1328(i) ruling that Congress apparently did not intend that a chapter 13 debtor who obtains a loan modification should also receive a discharge, on that basis alone at...
Members
January 26, 2020
By Cathy Moran, Esq. (Redwood City, CA) Clouds of uncertainty have hovered over Chapter 13 debtors who find that they need to sell appreciated property before the case is over. Does appreciation occurring after filing go to creditors on the theory that the appreciation is property of the estate? Or does the vesting of property at confirmation entitle the debtor...
Members

Looking to Become a Member?

ConsiderChapter13.org offers a forum to advance continuing education of consumer bankruptcy via access to insightful articles, informative webinars, and the latest industry news. Join now to benefit from expert resources and stay informed.

Webinars

These informative sessions are led by industry experts and cover a range of consumer bankruptcy topics.

Member Articles

Written by industry experts, these articles provide in-depth analysis and practical guidance on consumer bankruptcy topics.

Industry News

The Academy is the go-to source for the latest news and analysis in the Chapter 13 bankruptcy industry.

To get started, please let us know which of these best fits your current position: