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)
NACBA files Amicus in Conversion Case
NACBA filed an Amicus brief in the case of DeHart v. Michael, No. 11-1992 (3d Cir.). The case involves a debtor who converted his chapter 13 case to a chapter 7 after paying into his plan for several years. At the time of the conversion, the estate held some undistributed post-petition wages and the trustee argued that the creditors had a vested right to those funds. The lower courts rejected this argument and the trustee brought this appeal. NACBA’s brief argues that, under section 348(f) a chapter 7 estate that has been converted from chapter 13 consists of the property owned by the debtor at the time of the original chapter 13 petition, and, therefore, the debtor is entitled to return of his post-petition wages.
NACBA member, Irv Ackelsberg, filed the brief on behalf of NACBA.
Brief
DeHart v. Michael, No. 11-1992 (3d Cir.)
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)
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)
Brief