Harris v. Viegelahn
| Harris v. Viegelahn | |
|---|---|
| Argued April 1, 2015 Decided May 18, 2015 | |
| Full case name | Charles E. Harris, III, Petitioner v. Mary K. Viegelahn, Chapter 13 Trustee |
| Docket no. | 14-400 |
| Citations | 575 U.S. 498 (more) 135 S. Ct. 1829; 191 L. Ed. 2d 783 |
| Case history | |
| Prior | In 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). |
| Subsequent | On 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 | |
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| Case opinion | |
| Majority | Ginsburg, 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. 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.