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IN RE HARRIS

No. 13-50374.

757 F.3d 468 (2014)

In the Matter of Charles E. HARRIS, III, Debtor. Mary K. Viegelahn, Chapter 13 Trustee, Appellant v. Charles E. Harris, III, Appellee.

United States Court of Appeals, Fifth Circuit.

July 7, 2014.

Attorney(s) appearing for the Case

Vanessa DeLeon Guerrero , Attorney, San Antonio, TX, for Appellant.

Steven Gerard Cennamo , Malaise Law Firm, San Antonio, TX, for Appellee.

Tara Ann Twomey , Attorney, San Jose, CA, for Amicus Curiae.

Before BENAVIDES, CLEMENT, and GRAVES, Circuit Judges.

JAMES E. GRAVES, JR., Circuit Judge:

Charles Harris filed a bankruptcy petition under Chapter 13, made regular payments from his wages to the trustee under a confirmed Chapter 13 plan, and eventually converted his case to Chapter 7. The district court held that payment of funds in the possession of the Chapter 13 trustee that had not been distributed to creditors at the time of conversion must be returned to Harris. This appeal filed by the trustee presents a single...

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