Critical Case Comment

By Academy Staff

When a Chapter 13 case is dismissed after confirmation, funds on hand with the Trustee as of the time of dismissal must be returned to the Debtor and cannot be used to pay administrative expenses or claims of creditors. In re Bateson, 2016 WL 3475613 (Bankr. E.D. Mi. 2016).

Case Summary

Ms. Bateson (the “Debtor”) filed for relief under Chapter 13 in August, 2013. In January, 2014, Debtor filed her First Modified Pre-confirmation Chapter 13 Plan. The Plan called for 60 monthly payments of $8,500.75 per month . . .

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