Legal Opinion

Christopher Charles Marsh and Nicole Diane Marsh - BELOW MED

United States Bankruptcy Court, W.D. Missouri

Decided January 17, 2023No. 18-42471Unknown

1Opinion

IN THE UNITED STATES BANKRUPTCY COURT FOR THE WESTERN DISTRICT OF MISSOURI IN RE: ) ) Case No. 18-42471 Christopher Charles Marsh and ) Nicole Diane Marsh, ) Chapter 13 ) Debtors. ) MEMORANDUM OPINION AND ORDER The question before the court is straightforward. If, after the court confirms their chapter 13 plan, debtors sell property they owned on the petition date, do the debtors get to keep the proceeds from the sale or do those proceeds become property of the estate? The answer to that question has proven somewhat elusive. For the reasons explained below, the court determines (1) property…

2Cases cited25 opinions

  1. Epic Systems Corp. v. LewisSupreme Court of the United States · 2018
  2. Eugene Telfair v. First Union Mortgage CorporationCourt of Appeals for the First Circuit · 2000
  3. Barbosa v. SolomonCourt of Appeals for the First Circuit · 2000
  4. Forbes v. Forbes (In Re Forbes)United States Bankruptcy Appellate Panel for the Eighth Circuit · 1997
  5. Coop v. Frederickson (In Re Frederickson)Court of Appeals for the Eighth Circuit · 2008

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