QUESTION
Do I get my money back or does it go to my lawyer?
Asked on Sep 03rd, 2013 on Bankruptcy - Michigan
More details to this question:
I filed my chapter 13 case on July 14 but they started taking out my money in July. They have 2 payments of $435 and it was dismissed on Aug. 28th.
7 ANSWERS
Bankruptcy Attorney serving Florissant, MO
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Law Offices of Thomas Corcoran Phipps
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You should check with the trustee's office. They can give you an accounting of where the payments wnet.
Answered on Sep 30th, 2013 at 1:09 AM
Unlikely with that amount that you would get money back but it could happen.
Answered on Sep 16th, 2013 at 5:39 AM
Bankruptcy Attorney serving Livonia, MI
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Charles J. Schneider, P.C.
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Usually it goes first to the Trustee for fees then to the lawyer for fees and then to you.
Answered on Sep 11th, 2013 at 5:28 PM
Bankruptcy Attorney serving Madison, WI
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Richard B. Jacobson & Associates, LLC
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Generally if a Ch. 13 case is dismissed before confirmation of your Plan, the payments are returned to you, minus a 5% administrative fee. In many federal districts the check is sent to the lawyer, to be sure that s/he gets paid.
Answered on Sep 11th, 2013 at 5:28 PM
If you signed documents assigning your payments to pay your legal fees, the money will go to pay your hardworking attorney. Otherwise the payments will be returned to you.
Answered on Sep 11th, 2013 at 5:28 PM
Litigation Attorney serving Stockton, CA
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Patrick Jay Edaburn
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It depends on how your Chapter 13 plan was structured. Some of the money will go to the trustee for their work. If the Chapter 13 plan provided for your attorney to be paid through the plan then they will also get some money for their work. The rest would go to you.
Answered on Sep 11th, 2013 at 5:28 PM
If your Chapter 13 plan was not confirmed the Trustee will refund all of your money back to you. It might be mailed to your lawyer's office, but the check will be payable to you.
Answered on Sep 11th, 2013 at 5:28 PM