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

Robbins Russell Wins Unanimous Supreme Court Decision in Harris v. Viegelahn

May 19, 2015

On May 18, 2015, the Supreme Court announced its decision in Harris v. Viegelahn, No. 14-400 – siding, unanimously, with Robbins Russell’s client.  The Court reversed the Fifth Circuit, and ruled that 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.  In reaching that conclusion, the Court resolved an important issue of consumer bankruptcy law that had divided the U.S. courts of appeals and bankruptcy courts for more than three decades.  Robbins Russell associate Matthew Madden argued the case, and was joined on the briefs by partners Mark Stancil and Alan Untereiner and associate Eric White.

Read the opinion here.