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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HAVEN Act Guide
The Honoring American Veterans in Extreme Need Act of 2019 (“HAVEN Act”) excludes certain benefits paid to veterans or their family members from the definition of current monthly income (“CMI”) found in the Bankruptcy Code. The HAVEN Act amends § 101(10A) of the Bankruptcy Code and supplements the 2005 amendments to the Code that excluded other government benefits, such as social security income.
This Guide provides an overview of the HAVEN Act identifies benefits that are excluded, and answers frequently asked questions.
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American College of Bankruptcy
The American College of Bankruptcy is an honorary public service association of bankruptcy and insolvency professionals who are invited to join as Fellows based on a proven record of the highest standards of professionalism plus service to the profession and their communities. Together with its affiliated Foundation, the College is the largest financial supporter of bankruptcy and insolvency-related pro bono legal service programs in the United States.NACBA
The only national organization dedicated to serving the needs of consumer bankruptcy attorneys and protecting the rights of consumer debtors in bankruptcy. Formed in 1992, NACBA has more than 3,000 members located in all 50 states and Puerto Rico.O. Max Gardner Foundation, Inc.
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