Will I receive the money that is left from over paying chapter 13 bankruptcy plan once I've been discharged? - Bankruptcy Law Questions and Answers- LawQA.com

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Will I receive the money that is left from over paying chapter 13 bankruptcy plan once I've been discharged?

Answer By Janet Lawson
Janet A. Lawson Bankruptcy Attorney
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Yes, you will get any surplus funds back.

Answer Applies to: California
Replied: 8/4/2014

Answer By Steven S. Fluhr

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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.

Answer Applies to: Missouri
Replied: 7/31/2014

Tokarska Law Center
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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.

Answer Applies to: California
Replied: 7/31/2014


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The Ch 13 Trustee must pay all of the claims. Any monies left over should be returned.

Answer Applies to: Minnesota
Replied: 7/31/2014

Answer By 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.

Answer Applies to: Ohio
Replied: 7/31/2014

Answer By Dorothy G Bunce
A Fresh Start
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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.

Answer Applies to: Nevada
Replied: 7/31/2014


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You should be entitled to the return of any overpayment.

Answer Applies to: New York
Replied: 7/31/2014

Answer By John F Brennan
Musilli Brennan Associates PLLC
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I do not have the info to answer your question. Ask your attorney, or engage one.

Answer Applies to: Michigan
Replied: 7/31/2014

Bunch & Brock, Attorneys-at-Law
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Yes, if you have paid too much to the Chapter 13 Trustee, the Trustee will refund the over-payment. After you have completed your payments, the Trustee performs an internal audit and will calculate the amount of the refund. This may take several weeks after you have completed your plan payments. Be assured that the Trustee will not keep this over-payment!

Answer Applies to: Kentucky
Replied: 7/31/2014

Answer By Darren Aronow
The Law Office of Darren Aronow, PC
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Yes, the trustee should return the unused portion.

Answer Applies to: New York
Replied: 7/31/2014

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