QUESTION
Will I receive the money that is left from over paying chapter 13 bankruptcy plan once I've been discharged?
Asked on Jul 30th, 2014 on Bankruptcy - Virginia
8 ANSWERS
Debt Settlement Attorney serving San Diego, CA
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Law Offices of Kathryn Tokarska
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If you overpaid the Trustee should send you a refund. This could be done before discharge is actually entered. In my jurisdiction, Southern District of California, the Trustee will send a letter stating that all of the required payments have been made, that no further payments should be made, and if excess was received it would include a check for the amount.
Answered on Jul 31st, 2014 at 7:43 PM
Creditor's Rights Attorney serving Clayton, MO
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Fluhr & Moore, LLC
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A motion to return funds to debtor must be filed for you to get the additional funds. The chapter 13 trustee usually files one. So the answer should be yes.
Answered on Jul 31st, 2014 at 7:43 PM
Commercial & Bankruptcy Law Attorney serving Powell, OH
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Ronald K. Nims
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If there is money left over from the Chapter 13 plan, the trustee would turn it over to you upon closing the books on the plan. However, plans are designed so there isn't any excess funds, it would take some unusual circumstances to have money left over to return to the debtor.
Answered on Jul 31st, 2014 at 12:15 PM
Yes, the Trustee must account for all money received in your case, and after debts & administrative expenses have been paid, refund the difference to you. The banrkutpcy court is not a profit making institution.
Answered on Jul 31st, 2014 at 11:31 AM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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I do not have the info to answer your question. Ask your attorney, or engage one.
Answered on Jul 31st, 2014 at 10:45 AM
Probate Attorney serving Friendswood, TX
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Law Office of Melissa A. Botting
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If you have over paid your plan, your trustee should return the money before your account is closed. this may take several months after discharge.
Answered on Jul 31st, 2014 at 10:20 AM
Chapter 7 Bankruptcy Attorney serving Milwaukee, WI
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Law Offices of Deborah A. Stencel
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Overpayments are returned to the debtor. It can take a while as the trustee has to audit the entire case and make sure all payments were made properly and all checks cashed.
Answered on Jul 31st, 2014 at 10:09 AM
You will receive any over payments above your plan base.
Answered on Jul 31st, 2014 at 10:06 AM