Rebecca Cummings

UNITED STATES BANKRUPTCY COURT DISTRICT OF NEW MEXICO In re: REBECCA CUMMINGS, No. 23-10321-j13 Debtor. MEMORANDUM OPINION Is a chapter 7 trustee entitled to compensation when the bankruptcy case is converted to chapter 13 prior to the chapter 7 trustee having made any distributions? This is a question that bankruptcy courts have struggled with. As one court put it, there are “as many as six different discernible theories.”1 In the instant case, the former Chapter 7 Trustee discovered undisclosed, non-exempt equity in the Debtor’s residence while the case was pending under chapter 7. Such…