Supreme Court of the United States · Official docket →
Machele L. Goetz v. Victor Felix Weber, Chapter 7 Trustee
Paid petition · United States Court of Appeals for the Eighth Circuit, No. 23-2491 · judgment March 8, 2024
Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.
Questions presented
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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.
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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.
Counsel of record
For petitioner
Errin Preston Stowell
WM Law
For respondent
Victor Felix Weber
Merrick, Baker & Strauss, PC
Case
Conference history
Distributed for 1 conference
Proceedings
- Oct 07 2024Petition DENIED.
- Jul 17 2024DISTRIBUTED for Conference of 9/30/2024.
- Jul 01 2024Waiver of right of respondent Victor Felix Weber, Chapter 7 Trustee to respond filed.
- Jun 05 2024Petition for a writ of certiorari filed. (Response due July 10, 2024)