Robbins, Russell, Englert, Orseck, Untereiner & Sauber LLP

Robbins Russell Associate Matthew Madden Argues Harris v. Viegelahn in the Supreme Court of the United States

April 2, 2015

On April 1, 2015, Robbins Russell associate Matthew Madden argued Harris v. Viegelahn, No. 14-400, in the Supreme Court of the United States.  The case concerns an important issue of consumer bankruptcy law that has divided the U.S. courts of appeals and bankruptcy courts:  Whether, when a debtor converts a bankruptcy case to Chapter 7 after confirmation of a Chapter 13 plan, undistributed funds held by the Chapter 13 trustee are returned to the debtor or distributed to creditors.  Madden argued that when petitioner Charles E. Harris, III, converted in good faith out of Chapter 13, any funds that had not been distributed to creditors should have been returned to him under the plain terms of the U.S. Bankruptcy Code.  Respondent, the former Chapter 13 trustee, instead disbursed those funds to Harris’s former creditors.  Joining Madden on the briefs were Robbins Russell partners Mark Stancil and Alan Untereiner and associate Eric White.

 

Click here for the oral argument transcript.

 

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