Legal Opinion
In the Matter of Daniel L. Lybrook and Linda Lou Lybrook, Debtors-Appellants
Court of Appeals for the Seventh Circuit
Decided December 18, 1991No. 90-2926PublishedCited by 105 opinions
1Opinion of the Court
POSNER, Circuit Judge.
Does property that a bankrupt acquires while he is in Chapter 13 remain in the bankrupt estate if he later converts the bankruptcy to Chapter 7 (the usual fate of a Chapter 13 filing) even if it would not have been part of the Chapter 7 estate had he proceeded under that chapter from the start? Chapter 13, which is to personal bankruptcy as Chapter 11 (reorganization) is to corporate bankruptcy, In re Schaitz, 913 F.2d 452 (7th Cir.1990); 5 Collier on Bankruptcy ¶¶ 1300.01-02 (Lawrence P. King ed. 15th ed. 1991), allows the bankrupt to keep all his assets if the…
2Cases cited12 opinions
- Saint Paul Mercury Indemnity Co. v. Red Cab Co.Supreme Court of the United States · 1938
- In Re Charles Ellsworth Krohn AKA Charles E. Krohn, Appellant/debtorCourt of Appeals for the Sixth Circuit · 1989
- In the Matter of Timothy R. Pearson and Mary T. Pearson, Debtors. Comprehensive Accounting Corporation v. Timothy R. Pearson and Mary T. PearsonCourt of Appeals for the Sixth Circuit · 1985
- In Re Joseph and Sandra Schaitz, Debtors. Appeal of Gwenn L. Webb and Colton WebbCourt of Appeals for the Seventh Circuit · 1990
- In the Matter of Donald J. Booth and Carolyn B. Booth, Debtors. Donald J. Booth and Carolyn B. BoothCourt of Appeals for the Fifth Circuit · 1988
7 more not listed; retrieve them via the Exa API.
3Cited by105 opinions
- Harris v. ViegelahnSupreme Court of the United States · 2015
- In the Matter of Arlo B. Edwards, Debtor-Appellee. Appeal of Golden Guernsey Dairy Co-OpCourt of Appeals for the Seventh Circuit · 1992
- In Re: Wayne E. Bell, Jr., Debtor. Wayne E. Bell, Jr. v. Deborah BellCourt of Appeals for the Second Circuit · 2000
- Resolution Trust Corporation, as Receiver for Peoples Savings and Loan Associations, F.A. v. Angelo Ruggiero and Gina RuggieroCourt of Appeals for the Seventh Circuit · 1993
- In the Matter of Forty-Eight Insulations, Incorporated, Debtor. Appeal of Maritime Asbestos 1Court of Appeals for the Seventh Circuit · 1997
100 more not listed; retrieve them via the Exa API.