Legal Opinion

Cohen v. Tran (In Re Tran)

United States Bankruptcy Appellate Panel for the Ninth Circuit

Decided April 29, 2004No. BAP No. CC-03-1521-BMAJ. Bankruptcy No. SA 01-12262-RAPublishedCited by 17 opinions

1Opinion of the Court

OPINION

BRANDT, Bankruptcy Judge.

In this case the chapter 132 debtor represented in his post-confirmation motion to refinance his house that the net proceeds would be used to pay 100% to unsecured creditors. The court granted the motion, and after the proceeds had been remitted to the trustee but before he could distribute the proceeds, debtor dismissed his case. Who gets the money?

The bankruptcy court held that the funds revested in debtor upon dismissal, and ordered the Trustee to turn over the proceeds to him, in accordance with In re Nash, 765 F.2d 1410 (9th Cir.1985). We conclude that the…

2Cases cited22 opinions

  1. Williams v. TaylorSupreme Court of the United States · 2000
  2. Cooter & Gell v. Hartmarx Corp.Supreme Court of the United States · 1990
  3. New Hampshire v. MaineSupreme Court of the United States · 2001
  4. Lawrence Hamilton v. State Farm Fire & Casualty Company, an Illinois Corporation David's Restaurant SupplyCourt of Appeals for the Ninth Circuit · 2001
  5. Judy Lehman, Wife Mark Lehman, Husband v. United States of America, Judy Lehman, Wife Mark Lehman, Husband v. United StatesCourt of Appeals for the Ninth Circuit · 1998

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3Cited by17 opinions

  1. Sunahara v. Burchard (In Re Sunahara)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2005
  2. In re HamiltonUnited States Bankruptcy Court, M.D. Tennessee · 2013
  3. Drummond v. Urban (In Re Urban)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2007
  4. In Re HuffordUnited States Bankruptcy Court, N.D. Ohio · 2011
  5. In Re ParkerUnited States Bankruptcy Court, E.D. Pennsylvania · 2009

12 more not listed; retrieve them via the Exa API.

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