In re Lynch, 363 B.R. 101 (9th Cir. BAP 2007)
Trustee should not have been compelled to abandon property. Even though the debtor valued the property at 560,000 as of the date of the filing of the chapter 13 petition, and the plan was confirmed without objection, that valuation was not binding on the trustee under § 348(f)(1), since no implicit valuation occurred. However, the relevant valuation date was the petition date, not the conversion date (absent a showing of bad faith.
In re Fowler, 394 F.3d 1208 (9th Cir. 2005)
“We hold that § 348(d) requires that postpetition employment tax debt, incurred as an administrative expense of a Chapter 11 bankruptcy estate, retains its first priority administrative expense status upon conversion to a Chapter 13 bankruptcy plan. Section 1305 is not in conflict with this holding because it does not govern the priority of the postpetition claims it allows into the bankruptcy.”
In re Captain Blythers, Inc., 311 B.R. 530 (9th Cir. B.A.P. 2004), aff’d, 182 Fed. Appx. 708 (2006)
Chapter 11 plan which dedicated the proceeds, if any, of a cause of action to payment of creditors revested in the chapter 7 estate upon conversion.
In re Croston, 313 B.R. 447 (9th Cir. B.A.P. 2004)
Debtors had an absolute right to convert from chapter 7 to chapter 13.
In re Consolidated Pioneer Mortgage Entities, 264 F.3d 803 (9th Cir. 2001)
Conversion from chapter 11 to chapter 7 was warranted where corporation charge with responsibility for liquidating bankruptcy estate caused unreasonable delay by failing to account to investors.
In re Johnston, 149 B.R. 158 (9th Cir. B.A.P. 1992)
Conversion of case from 11 to 7 four months after filing held to be proper. Bankruptcy court isn’t required to wait a certain time to detriment of creditors before pulling the plug.
In re Plata, 958 F.2d 918 (9th Cir. 1992)
Monies held from post-petition earning by Chapter 12 trustee go back to debtor.