Asset Appreciation on Conversion of a Chapter 13 to Chapter 7 and Sub-Chapter V Bankruptcy Overview (11/15/22)

Topics and Speakers:

Who Owns Any Appreciation of an Asset on Conversion of A Chapter 13 Case to Chapter 7? 
From time to time, assets owned by the Debtor at the time of filing of a chapter 13 case may appreciate in value. This can be the case for real property or personal property, such as securities, cryptocurrency, or collectable items. Assuming that the conversion of the case is in good faith, cases have split as to whether the chapter 7 trustee may administer the asset to the extent that its value has appreciated from the time that the chapter 13 case was commenced. This presentation will discuss the issue and the varying approaches that have been taken. The issue remains open in the Northern District of Illinois and the Seventh Circuit.
David P. Leibowitz, Law offices of David P. Leibowitz, LLC 

The Pros and Cons of Filing Under Sub-Chapter V of the Bankruptcy Code: 
The benefits of filing for Sub-Chapter V Bankruptcy and the drawbacks of seeking relief under Sub-Chapter V.
Paul Bach, Bach Law Offices, Inc.
Robert Handler, Sub-Chapter V Trustee

Moderators:
Rigoberto Garcia, Feldman Garcia Leshinsky & Miljus LLC
Jason Shimotake, The Shimotake Law Firm, LLC

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