In re Potter (Nov. 27, 2013)
Revesting property of the estate, Section 349(b)(3)
After the Debtor’s case was dismissed, the chapter 13 trustee sought authority to distribute funds remaining in the bankruptcy estate to creditors. The Court ruled that the funds must be distributed to the Debtor, not the creditors, because section 349(b)(3) of the Bankruptcy Code states: “Unless the court, for cause, orders otherwise, the dismissal of a case … revests the property of the estate in the entity in which such property was vested immediately before the commencement of the case…,” and here the Court did not order otherwise prior to dismissal. See also Harris v. Viegelahn (In re Harris), 135 S.Ct. 1829 (2015) (holding that undistributed payments held by a chapter 13 trustee at the time of a case's conversion to chapter 7 must be returned to the debtor, not distributed to creditors), rev'd, 757 F.3d 468 (5th Cir. 2014)
WL Cite: In re Potter, No. 11-13013, 2013 WL 6196299, at *1 (Bankr. W.D. Tex.  Nov. 27, 2013)