M.D. Tennessee· 5/16/2013

In re Hamilton

Citations

493 B.R. 31
2013 WL 2151457

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

focusing on § 349(b) as the basis for the policy of returning debtors to their pre-petition status quo ante
comparing cases disposing of plan payments held by the chapter 13 trustee pre- and post-confirmation at 34 nn.4-5, in the course of determining disposition of funds held by the chapter 13 trustee upon post-confirmation dismissal
“At dismissal after confirmation of a Chapter 13 plan, § 349(b)(3) controls and undistributed funds held by the trustee must be returned to the debtor.”’
“Section 349(b)(3) is not ambiguous: At dismissal — unless the court, for cause, orders otherwise — all postpetition earnings of the debtor vest in the debtor.”
“Without regard to the immaturity of the debtor’s interest in future wages that have not been earned, the Bankruptcy Code includes those future earnings in property of the Chapter 13 estate.”
“Creditors may have statutory or equitable arguments for a share of the undistributed pie.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Lundin

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18 cases in this archive cite this case.

Cites

45 cases in this archive are cited by this case; the 20 most cited are listed.

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