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You Want Me to Do What? The Dilemma of Trying to Interpret and Follow Appellate Precedent

Another Court Lets the Debtor Keep Appreciation in a Home on Conversion from 13 to 7

Where the courts are split, Idaho judge sides with the Tenth Circuit BAP and allows a chapter 13 debtor to retain post-petition appreciation in the value of a homestead following conversion to chapter 7.

Follow the Rules or Lose an Exemption in a New Home While in Chapter 13

Chapter 13 debtors lost an exemption in a new home after converting to chapter 7 because they didn’t follow the rules.

Hot Topics with Bill Rochelle

Duties and Obligations upon Conversion

It Ain’t Over ’Til It’s Over: Identifying and Addressing Issues Arising at the End of Chapter 13 Cases

Chapter 13 Debtors Retain Appreciation in Property After Conversion or Plan Amendment

On an issue where the courts are split, the Tenth Circuit BAP sides with debtors and allows them to retain postpetition appreciation in the value of assets that were in the estate on filing.

Asset Exempt in Chapter 13 Retains the Exemption After Conversion, First Circuit Says

Circuit split is eroding on the loss of a homestead exemption for failing to reinvest proceeds from a sale after filing.

The Small Business Reorganization Act of 2019

Ninth Circuit Creates a Legal Fiction to Uphold Recovery of an Unauthorized Transfer

Ninth Circuit assumed that transferred property must remain property of the estate after conversion from ‘13’ to ‘7’ before the chapter 7 trustee can avoid an unauthorized transfer under Section 549.