Harris v. Viegelahn

Last updated
Harris v. Viegelahn
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Argued April 1, 2015
Decided May 18, 2015
Full case nameCharles E. Harris, III, Petitioner v. Mary K. Viegelahn, Chapter 13 Trustee
Docket no. 14-400
Citations575 U.S. 498 ( more )
135 S. Ct. 1829; 191 L. Ed. 2d 783
Case history
PriorIn re Harris, 491 B.R. 866 (W.D. Tex. 2013); reversed, 757 F.3d 468 (5th Cir. 2014); cert. granted, 135 S. Ct. 782 (2014).
SubsequentOn remand, 608 F. App'x 252 (5th Cir. 2015)
Holding
A debtor who converts to Chapter 7 bankruptcy is entitled to return of any post-petition wages not yet distributed by the Chapter 13 trustee.
Court membership
Chief Justice
John Roberts
Associate Justices
Antonin Scalia  · Anthony Kennedy
Clarence Thomas  · Ruth Bader Ginsburg
Stephen Breyer  · Samuel Alito
Sonia Sotomayor  · Elena Kagan
Case opinion
MajorityGinsburg, joined by unanimous

Harris v. Viegelahn, 575 U.S. 498 (2015), was a United States Supreme Court case in which the Court clarified procedures for disposing wages after a debtor files for bankruptcy. [1] In a unanimous opinion written by Justice Ruth Bader Ginsburg, the Court held that if a debtor earns money after filing Chapter 13 bankruptcy proceedings, and converts to Chapter 7 bankruptcy before the money is sent to creditors, the debtor is permitted to keep those funds. [2]

Contents

Opinion of the Court

Associate Justice Ruth Bader Ginsburg authored the unanimous opinion of the Court, which reversed the opinion of the United States Court of Appeals for the Fifth Circuit and remanded the case to that court for further proceedings. [3]

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References

  1. Harris v. Viegelahn,No. 14-400 , 575 U.S. ___, slip op. at 1 (2015).
  2. Ronald Mann, Opinion: Tie goes to the debtor in consumer bankruptcy dispute about funds paid to trustee, SCOTUSblog (May. 18, 2015).
  3. Harris, slip op. 1, 11.