In re DeSimone

2 Citing cases

  1. In re Criscuolo

    Case No. 09-14063-BFK (Bankr. E.D. Va. May. 13, 2014)   Cited 8 times
    Holding that debtor's § 1307(b) "absolute" right did not trump § 1307(c) dismissal motion

    See, e.g., In re Tran, 309 B.R. 330, 336 (9th Cir. BAP 2004), aff'd, 177 Fed.Appx. 754 (9th Cir. 2006) ("By its terms § 1326(a)(2) does not pertain to funds received by a trustee after confirmation of a Chapter 13 plan.") (quoting In re Boggs, 137 B.R. 408, 410 (Bankr. W.D. Wash. 1992) (emphasis in original); In re Clements, 495 B.R. 74, 81 n. 11 (Bankr. E.D. Pa. 2013) ("Section 1326(a)(2) does not address the disposition of any plan payments the chapter 13 trustee receives from the debtor after confirmation of the plan.") (emphasis in original); In re DeSimone, 2013 WL 6328751, at *2 (Bankr. D.N.J. 2013) ("the third sentence of section 1326(a)(2) means what it says and should be read to provide that when a Plan has not been confirmed, payments are to be returned to the debtor after deducting any unpaid claim allowed under Section 503(b)"); In re Hamilton, 493 B.R. 31, 35-36 (Bankr. M.D. Tenn. 2013); In re Williams, 488 B.R. 380, 385 (Bankr. N.D. Ill. 2013); In re Parker, 400 B.R. 55, 62 (Bankr. E.D. Pa. 2009). Section 349(b)'s basic purpose is to "undo the bankruptcy case, as far as practicable, and to restore all property rights to the position in which they were found at the commencement of the case."

  2. In re Gallagher

    BAP CC-13-1368-TaKuPa (B.A.P. 9th Cir. Mar. 17, 2014)

    The interplay between § § 348 (governing conversion) and 1326 (governing a chapter 13 trustee's retention or disbursement of plan payments) mandates this result. See Viegelahn v. Harris (In re Harris), 491 B.R. 866 (W.D. Tex. 2013) (interpreting § 348(f)(1)(A), chapter 13 trustee was required to return to the debtor funds collected pursuant to a confirmed chapter 13 plan as of the date of conversion of the case); In re Krahenbuhl (Bankr. E.D. Wis. 2013) (funds acquired by the chapter 13 debtor postpetition and contributed toward his chapter 13 plan are not property of the chapter 7 estate and must be returned to the debtor upon conversion); In re DeSimone (Bankr. N.J. 2013) (undistributed plan payments must be returned to the debtor on conversion after deducting the § 503(b) attorneys' fees allowed preconversion)(emphasis added). Here, the bankruptcy court entered the Fee Order after entry of the Conversion Order albeit prior to return of the Refund to the Debtors.