If my plan is not confirmed and the case is dismissed, and I have made two plan payments totaling $1,700, does the trustee refund that entire sum to me? If the plan called for $1,500 to be paid to my attorney as an administrative expense, will the trustee pay the attorney his fee from the $1,700, leaving me with the remainder?
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First of all, if your plan is not confirmed the first time around, you work with your attorney to file an amended plan. It's not an all-or-nothing proposition - get confirmed the first time or be dismissed.Originally posted by sizz View PostIf my plan is not confirmed and the case is dismissed...
We came back TWICE after hearings with amended plans before we were finally confirmed 15 months after filing.I am not a lawyer and this is not legal advice nor a statement of the law - only a lawyer can provide those.
06/01/06 - Filed Ch 13
06/28/06 - 341 Meeting
07/18/06 - Confirmation Hearing - not confirmed, 3 objections
10/05/06 - Hearing to resolve 2 trustee objections
01/24/07 - Judge dismisses mortgage company objection
09/27/07 - Confirmed at last!
06/10/11 - Trustee confirms all payments made
08/10/11 - DISCHARGED !
10/02/11 - CASE CLOSED
Countdown: 60 months paid, 0 months to go
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The way the trustee did it in my case, no payments were doled out to anybody until after confirmation of the plan. After the plan was confirmed, the trustee doled out the money to the attorney first and him. After the attorney was fully paid, he started paying the unsecured.Originally posted by sizz View PostIf my plan is not confirmed and the case is dismissed, and I have made two plan payments totaling $1,700, does the trustee refund that entire sum to me? If the plan called for $1,500 to be paid to my attorney as an administrative expense, will the trustee pay the attorney his fee from the $1,700, leaving me with the remainder?
If your case gets "dismissed", then you will get whatever you paid the trustee back.Chapter 13 Filed 4/03/06 :blink: 341 Meeting Complete 5/11/06 :yes2:
Plan Confirmation 6/16/06 :yahoo:
Discharged: 1/5/2010 :yahoo::yahoo::yahoo::yahoo:
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