In Re Juan O. Plata, in Re Catalina Plata, Debtors. Peter H. Arkison, Trustee v. Juan O. Plata, Catalina Plata

I respectfully dissent.

The majority misapplies In re Nash, 765 F.2d 1410 (9th Cir.1985). Nash involved a dismissal of a Chapter 13 case, not a conversion of a Chapter 13 case to a Chapter 7 case. Although the majority can find “no clear reason” for distinguishing between dismissals and conversions, one is given by Nash itself — the Bankruptcy Code. Nash relied primarily on section 349(b)(3) of the Bankruptcy Code which provides that dismissal of a case “revests the property of the estate in the entity in which such property was vested immediately before the commencement of the case.” 11…