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cfortunato, Attorney
Category: Bankruptcy Law
Satisfied Customers: 8023
Experience:  Bankruptcy professor.
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I filed for Chapter 13. I have made two payments to the U.S.

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I filed for Chapter 13. I have made two payments to the U.S. Trustee under my proposed plan. The Plan has not been confirmed as of yet and the Creditor's Committee Hearing is scheduled in two weeks. I want to voluntraily dismiss my Chapter 13 which the Trustee says he will not oppose. What happens to the two payments I have already made?
Hi JACustomer,
If a plan is not confirmed for any reason - including a voluntary dismissal - the payments already submitted to the Bankruptcy trustee must be returned to the debtor, minus any amounts the trustee already paid to creditors, and minus any administrative expenses. Bankruptcy Stat. 1326(2).

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