Mary Viegelahn v. Charles Harris, III
Court of Appeals for the Fifth Circuit
1Opinion of the Court
JAMES E. GRAVES, JR., Circuit Judge:
Charles Harris filed a bankruptcy petition under Chapter 13, made regular payments from his wages to the trustee under a confirmed Chapter 13 plan, and eventually converted his case to Chapter 7. The district court held that payment of funds in the possession of the Chapter 13 trustee that had not been distributed to creditors at the time of conversion must be returned to Harris. This appeal filed by the trustee presents a single question of law: should the undistributed payments held by the Chapter 13 trustee at the time of conversion be returned to the…
2Cases cited30 opinions
- In the Matter of Daniel L. Lybrook and Linda Lou Lybrook, Debtors-AppellantsCourt of Appeals for the Seventh Circuit · 1991
- In Re: Barry L. Michael v.Court of Appeals for the Third Circuit · 2012
- 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
- In Re LennonUnited States Bankruptcy Court, N.D. Georgia · 1986
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3Cited by8 opinions
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- Cage v. Smith (In re Smith)United States Bankruptcy Court, S.D. Texas · 2014
- In re BeauregardUnited States Bankruptcy Court, D. New Mexico · 2015
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