No. 23-1289

Machele L. Goetz v. Victor Felix Weber, Chapter 7 Trustee

Lower Court: Eighth Circuit
Docketed: 2024-06-10
Status: Denied
Type: Paid
Response Waived
Tags: 11-usc-348 11-usc-541 bankruptcy-estate chapter-13 chapter-7 legislative-history legislative-intent post-petition-interests statutory-interpretation
Key Terms:
Environmental Securities
Latest Conference: 2024-09-30
Question Presented (AI Summary)

Whether post-petition interests in assets are included in the bankruptcy estate upon conversion from Chapter 13 to Chapter 7

Question Presented (OCR Extract)

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.

Docket Entries

2024-10-07
Petition DENIED.
2024-07-17
DISTRIBUTED for Conference of 9/30/2024.
2024-07-01
Waiver of right of respondent Victor Felix Weber, Chapter 7 Trustee to respond filed.
2024-06-05
Petition for a writ of certiorari filed. (Response due July 10, 2024)

Attorneys

Machele L. Goetz
Errin Preston StowellWM Law, Petitioner
Victor Felix Weber, Chapter 7 Trustee
Victor Felix WeberMerrick, Baker & Strauss, PC, Respondent