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Roger
Roger, Attorney
Category: Bankruptcy Law
Satisfied Customers: 31012
Experience:  BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
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My chapter 13 bankruptcy was dismissed on May 28th because

Resolved Question:

My chapter 13 bankruptcy was dismissed on May 28th because I stopped paying into the plan. I had a balance in there of over $2500 which had not been paid to any creditors. I requested by phone and email that this money be refunded to me, and instead after my plan was already dismissed(on June 16th) it was paid out to a creditor and my trustee. It was my understanding that the remaining balance should have been refunded to me. Could you please advise?
Submitted: 3 years ago.
Category: Bankruptcy Law
Expert:  Roger replied 3 years ago.

Hi - my name is XXXXX XXXXX I'm a Bankruptcy litigation attorney. Thanks for your question.

 

The answer to this question depends on whether or not your Chapter 13 plan was CONFIRMED.

 

If the chapter 13 Plan was NOT confirmed prior to dismissal, any money held by the trustee, less the trustee's fees, attorney fees and/or adequate protection payments, will be returned to the debtor.

 

If the chapter 13 Plan WAS confirmed prior to the dismissal, any money received by the trustee prior to the entry of the Order of Dismissal will be disbursed to creditors pursuant to the Order Confirming Plan.

Customer: replied 3 years ago.
The plan was confirmed. However, it was only dispersed to one creditor and it was the one that I had asked the trustee not to send it to.

Basically, it got wasted on interest on property taxes - when it could have paid off owed income taxes. Is there anything I can do about this?
Expert:  Roger replied 3 years ago.

If the money was paid out according to the terms of the confirmed plan, then there's nothing you can do about it.

It doesn't matter if you asked the trustee not to pay the money. Once the trustee receives the cash, he/she must pay the money out per the terms of the plan.

Roger and other Bankruptcy Law Specialists are ready to help you