Machele L. Goetz v. Victor Felix Weber, Chapter 7 Trustee
Environmental Securities
Whether post-petition interests in assets are included in the bankruptcy estate upon conversion from Chapter 13 to Chapter 7
QUESTIONS PRESENTED 1. Whether the language in 11 U.S.C. § 541(a)(1) creates a bifurcation of interests in the assets of a bankruptcy estate into pre-petition (i.e., “as of the commencement of the case”) interests and post-petition (i.e., “after commencement of the case”) interests, such that post-petition interests, which might include new equity in assets, are not included in the bankruptcy estate upon conversion from Chapter 13 to Chapter 7. 2. Whether the language of 11 U.S.C. § 348(f)(1) (A), when read in conjunction with 11 U.S.C. § 541(a) (1), is ambiguous such that the legislative history should be consulted to determine Congress’ intent regarding whether post-petition interests in assets are to be included in the Chapter 7 bankruptcy estate upon conversion.