Legal Opinion
In Re Mann
United States Bankruptcy Court, D. Vermont
Decided September 29, 1993No. 19-10193PublishedCited by 3 opinions
1Opinion of the Court
MEMORANDUM OF DECISION ON POST-PETITION, PRE-CONFIRMATION, CHAPTER 13 PAYMENTS IN A CONVERTED CHAPTER 7
FRANCIS G. CONRAD, Bankruptcy Judge.
This contested matter 1 raises the single and specific question whether a trustee in a Chapter 7 case converted from Chapter 13 before confirmation may seize for the Chapter 7 estate undistributed, post-petition, pre-confirmation payments made by Debtor and held by the Chapter 13 trustee. We hold a trustee may not.
Debtor originally filed this case under Chapter 13 but voluntarily converted the case to Chapter 7 before a plan of reorganization was…
2Cases cited42 opinions
- Cabell v. MarkhamCourt of Appeals for the Second Circuit · 1945
- Markham v. CabellSupreme Court of the United States · 1946
- In the Matter of Daniel L. Lybrook and Linda Lou Lybrook, Debtors-AppellantsCourt of Appeals for the Seventh Circuit · 1991
- Carlos Resendez, Jr., and Marlene Resendez v. Dwight Lindquist, William Westphal and J. J. MickelsonCourt of Appeals for the Eighth Circuit · 1982
- In Re BobroffCourt of Appeals for the Third Circuit · 1985
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3Cited by3 opinions
- In Re SlackUnited States Bankruptcy Court, D. New Jersey · 2003
- In Re VerdunnUnited States Bankruptcy Court, M.D. Florida · 1997
- In Re BemishUnited States Bankruptcy Court, M.D. Florida · 1995