From the Editor’s Desk – Conversion and Dismissal

By The Honorable William Houston Brown (Retired)

Bad faith conversion resulted in postpetition inheritance being property of Chapter 7 estate. Three years after filing Chapter 13, the debtors voluntarily converted to Chapter 7, and the Chapter 7 trustee moved for determination that the conversion was in bad faith. One debtor had been named prepetition as trustee of his mother’s irrevocable trust and he was a beneficiary of the trust upon her postpetition death. That debtor received a share of the proceeds from the trust’s sale of real property but he did not notify the . . .

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

August 30, 2020
By Wayne Silver, Wayne Silver Law (Redwood City, CA) The 120-day CARES Act eviction moratorium expired on Saturday, July 25. At the expiration of the moratorium, landlords covered by the federal moratorium could begin serving eviction notices, and begin filing eviction lawsuits 30 days thereafter. That means on Monday, August 24, 2020 the moratorium on evictions expired, while we face...
Members
January 27, 2019
By John P. Gustafson, United States Bankruptcy Judge, Northern District of Ohio, Western Division (Toledo, OH) Click here for Part 1 Click here for Part 2 Click here for Part 3
Members
Copy of Hildebrand-2016
December 12, 2021
If a Chapter 13 plan makes no provision for a mortgage obligation, omits any treatment of the mortgage claims, and prohibits the Trustee from making disbursements toward the claims, the claims are not provided for by the plan and the plan can be confirmed over the objection of the creditor and the trustee; nothing requires a plan to provide for...
Members
June 14, 2020
By Cathy Moran, Esq. (Redwood City, CA) One of the cosmic ironies of our legal system is that it costs money to file bankruptcy. Bankruptcy gets you out of debt only if you have the money to file. The costs of bankruptcy include the filing fee collected by the court; the required credit counseling; and, if you’re smart, an experienced...
NN Photo
March 5, 2023
In a recent opinion, an Ohio bankruptcy court joined the majority of other courts by holding the Code excludes Social Security Act (“SSA”) benefits from disposable income.i The issue was brought before the Court by the Chapter 13 Trustee’s objection to confirmation. The objection to confirmation asserted the Debtors failed to commit all disposable income to their plan and included...
Members
Academy Circle Logo Final
December 10, 2023
As a professional in an occupation that may often interface with people handling life disruptions (e.g., divorce/separation, unemployment, mortgage foreclosure) you are being asked to participate in a study being conducted by the University of Southern California.
Merideth Akers
February 13, 2022
Bowl games… playoff games… championship games… Super Bowls. We start each New Year with a football craze. So what organizational lessons can we learn from football… other than do not spike the ball on fourth down to stop the clock? First, football is played as a team. Highly functioning teams win championships, while dysfunctional teams lose games and the coach...
Members
January 13, 2019
Jason Wilson-Aguilar was appointed as the Chapter 13 Standing Trustee for Western District of Washington, Seattle Division, effective on October 2, 2018. He replaces retiring K. Michael (Mike) Fitzgerald who served as the Standing Trustee for nearly twenty years. During the ten years prior to his appointment as Trustee, Jason was the Senior Staff Attorney and Legal Department Manager in...
Members
moran_cathy
March 6, 2022
Who knew 20 years ago how apparently hard it is to account for money paid to you? Even if accounting for money was your business? Today’s raft of mortgage accounting issues were not ones I foresaw when I became a bankruptcy lawyer.Yet every day we encounter cases where the foreclosure notice follows the “all current” filing at the close of...
Members
cohen3
October 29, 2023
“FFEL and Perkins loans are different than other federally backed student loans as these are owned by private lenders, but guaranteed by the government.”

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: