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Legal Opinion

In re Hamilton

United States Bankruptcy Court, M.D. Tennessee

Decided May 16, 2013No. Nos. 3:12-BK-04600, 3:11-BK-10429, 3:12-BK-03021PublishedCited by 26 opinions

1Opinion of the Court

MemoraNdum

KEITH M. LUNDIN, Chief Judge.

The issue in these Chapter 13 cases is: What happens at dismissal to funds held by the trustee in a confirmed Chapter 13 case? 11 U.S.C. § 349(b)(3) provides the answer: Absent court order otherwise, undistributed funds must be returned to the debtor at dismissal after confirmation. The following are findings of fact and conclusions of law. Fed. R. Bankr.P. 7052.

1. Facts

There are no disputed facts.1 These debtors confirmed Chapter 13 plans during 2012. The plan and/or order confirming the plan in each case overcame the vesting effect in 11 U.S.C. §…

2Cases cited46 opinions

  1. In Re John R. Kolstad, Debtor. United States of America (Internal Revenue Service) v. John R. KolstadCourt of Appeals for the Fifth Circuit · 1991
  2. In Re: Barry L. Michael v.Court of Appeals for the Third Circuit · 2012
  3. In Re BobroffCourt of Appeals for the Third Circuit · 1985
  4. Wells Fargo Bank, N.A. v. Oparaji (In Re Oparaji)Court of Appeals for the Fifth Circuit · 2012
  5. In Re LennonUnited States Bankruptcy Court, N.D. Georgia · 1986

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3Cited by26 opinions

  1. Jeffrey P. White & Associates, P.C. v. Fessenden (Wheaton)Bankruptcy Appellate Panel of the First Circuit · 2016
  2. In re BatesonUnited States Bankruptcy Court, E.D. Michigan · 2016
  3. Williams v. MarshallDistrict Court, N.D. Illinois · 2014
  4. In re EdwardsUnited States Bankruptcy Court, S.D. Illinois · 2015
  5. In re HirschUnited States Bankruptcy Court, W.D. Michigan · 2016

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

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