Dismissed..Do I get A Refund of Account?

[cea1028]

Facts are;

Filed Ch13 on 4/11/06
Confirmed on 10/11/06
Dismissed(motion by Trustee) 5/21/07
Amount in Trustee account of Debtor's deposits= $5,900.00

The only disbursment from the Trustee was for;
1. Trustee's percentage
2. Filing Fee

Due to unemployment and non-payment into plan, the Trustee moved for dismissal which was granted and ordered 5/21/07

Not one disbursment was made to any priorty, secured, non-secured parties that properly filed a claim.

I caught up the arrearages on my home (reason for filing was to avoid foreclosure) on my own by scrounging up $12,533.00 from family members while the Trustee and Mortgage company sent $5,555.62 back and forth a total of 4 times to each other.

I'm current (except for May 07 pmt) which I guess makes me in default again on my mortgage. My BR CH13 is dismissed and the Trustee is holding $5,900.00 of $$ I paid into the plan. Am I entitled to a refund?

[SinkingFast]

I don't know about the refund, but,................ Why don't you contact your attny and see about Converting instead of allowing your case to be Dismissed.

If you've become unemployed, and can no longer fund your plan payments, you might qualify for a Ch 7. It might be feasible to Convert to Ch 7. Once the Automatic Stay protection lifts from your Ch 13, your Creditors are gonna be all over you.

Maybe try giving your attny a call and see what your options are.

[HHM]

LOL, you won't get a refund. The trustee should eventually make the disbursements.

[cea1028]

Already dismissed

Dismissal odered effective 5/21/07

[rrockinggramma]

You will receive nothing. The trustee will dispurse the funds according the priority set ups in the plan.

[biotechsolution]

I received refund post confirmation dismissal.

My dismissal was voluntary but I'm not sure if that made a difference. I had 3549 left over in the trustee account the day after the court date for the dismissal. In the court order is should say return all monies to the debtor minus any court filing fees not yet paid. I don't think the trustee can make anymore payments after the court date of the dismissal. It took a while to get the money back nearly 3 months but I did get a refund check.

[CityGirl]

wow, then why is everyone saying he gets no refund???

[rrockinggramma]

in a chapter 13, if the plan was NOT confirmed, the monies are refunded to the debtor. In a confirmed chapter 13, the monies are dispersed to the creditors according to the plan. As the poster's plan was confirmed, she will not receive any refund.

[wooisme]

I would argue the point because in my papers if it's dismissed before the plan is carried out, you do get a refund minus their fees.....I would look at your confirmation papers....mine clearly state refund of said funds at time of dismissal minus fees

[wrktwoliv]

Refund only if payments are made after dismissal date.

I received a refund in my dismissed 13...but it was only for payments that were made after my case was dismissed.

I got lucky. The payroll deduction was taken before my dismissal date..but not posted to the trustee account until the day after dismissal.

that was the only reason the trustee refunded. And 3 months later.