Legal Opinion
In re Clements
United States Bankruptcy Court, E.D. Pennsylvania
Decided June 28, 2013No. 12-16595 ELFPublishedCited by 2 opinions
1Opinion of the Court
OPINION
ERIC L. FRANK, Chief Judge.
I. INTRODUCTION
Section 348(f) of the Bankruptcy Code provides that upon a good faith conversion of a case from chapter 13 to chapter 7, property of the bankruptcy estate consists only of property of the estate, as of the date of the bankruptcy filing, that is still possessed or controlled by the debtor, ie., only those property interests of the debtor that existed when the case was commenced that are part of the bankruptcy estate under 11 U.S.C. § 541 that have not already been distributed to creditors. See 11 U.S.C. § 348(f)(1)(A), (f)(2). Last year, in In…
2Cases cited22 opinions
- Bullock v. BankChampaign, N. A.Supreme Court of the United States · 2013
- National Surety Corporation, a Corporation of the State of New York v. The Midland Bank, a Corporation of New JerseyCourt of Appeals for the Third Circuit · 1977
- Official Committee of Unsecured Creditors of Cybergenics Corp. Ex Rel. Cybergenics Corp. v. ChineryCourt of Appeals for the Third Circuit · 2003
- In Re: Barry L. Michael v.Court of Appeals for the Third Circuit · 2012
- In Re BullockUnited States Bankruptcy Court, E.D. Pennsylvania · 1984
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3Cited by2 opinions
- In re GarrisUnited States Bankruptcy Court, S.D. New York · 2013
- In re: Matthew F. Gallagher and Melissa A. GallagherUnited States Bankruptcy Appellate Panel for the Ninth Circuit · 2014