Hannan v. Kirschenbaum (In Re Hannan)

OPINION

CECELIA H. GOETZ, Bankruptcy Judge, Acting for MANUEL J. PRICE, Bankruptcy Judge:

The issue in this case is: Does the Chapter 7 trustee, or the debtor, have the right to property which the debtor acquired after he filed for relief under Chapter 13, but before his proceeding was converted to Chapter 7.

The facts in this case are not in dispute. Joseph G. Hannan, the plaintiff-debtor, filed a petition under Chapter 13 on April 7, 1981. His plan was never confirmed, and the proceeding was converted to one under Chapter 7 on November 9, 1981. Between the time the debtor filed under Chapter…