What Happens If My Chapter 13 Bankruptcy Plan Is Not Approved?

May 19th, 2011 by Reed Allmand

What if My Bankruptcy Plan is not Approved?In the recent Chapter 13 bankruptcy case in Texas, a debtor’s plan was not approved by the trustee. Because of this, a dispute took place over the distribution of the debtor’s assets held by the bankruptcy estate and secured creditors.

Prior to dismissal of the Debtor’s Chapter 13 case, ASC—as servicing agent for Wells Fargo—received $46,800.00 in payments from the Chapter 13 Trustee. [Finding of Fact No. 9]. The amount of $46,800.00 represents 24 monthly payments of $1,950.00 (i.e. 24 × $1,950.00), and it is $1,950.00 which is the monthly amount due to the home lender under the Debtor’s original and amended—proposed but unconfirmed—Chapter 13 plans. [Finding of Fact No. 9].

Upon dismissal of the Debtor’s case, the Chapter 13 Trustee disbursed a lump sum payment of $19,061.70 to ASC. [Finding of Fact No. 9]. Baker requests an order from this Court requiring the Chapter 13 Trustee to recover this post-dismissal payment to ASC. [Finding of Fact No. 15].

As set forth above, Section 1326(a)(2) requires the Chapter 13 Trustee, upon dismissal of a Chapter 13 case, to disburse retained funds first to secured creditors in satisfaction of all unpaid adequate protection claims. Therefore, ASC should not be ordered to disgorge any post-dismissal payments it received from the Chapter 13 Trustee unless the payment was for an amount beyond the adequate protection payments due to ASC.

If a debtor’s Chapter 13 bankruptcy plan is not approved, the court ruled in this case that the proceeds left in the bankruptcy estate must be distributed first to the secured creditors, second to pay for the administration of the case, and finally the remainder of what’s left should be distributed to the debtor. If the debtor had “overpaid” the creditor then that money would be returned. However, it is up to the bankruptcy court to determine what is adequate payment, unfortunately there is not set definition.

 

avatar

About Reed Allmand

Website

Allmand's vision is rooted in his own financially precarious childhood in Abilene "My father always had difficulty holding a job and supporting our family, so after my parents divorced when I was 12, my sister and I got jobs to help make ends meet," he recalls. "I remember what it felt like as a child to worry that our car would be repossessed or home foreclosed on."

View all posts by Reed Allmand

Subscribe

Subscribe to our e-mail newsletter to receive updates.

FAQ

Why do I need to submit a new wage order when I modify my plan

When we modify your bankruptcy plan we are changing your plan payments. This means that we have to get with your employer and change the terms and amount of your wage order. The only way we can do that is by filling out a new wage order form.  

Learn More
What happens if the stay terminates on my home?

If the bankruptcy stay terminates on your home that means that even though your in bankruptcy, your creditor can pursue all there legal remedies they can pursue if you were not in bankruptcy. This includes foreclosure, and having your house sold and evicting you from your house.

Learn More

Find Location

map
  • Dallas Bankruptcy

    5646 Milton Street, Ste. 120 Dallas, Texas 75206
  • Fort Worth Bankruptcy

    860 Airport Freeway, Suite 401, Hurst, Texas 76054
  • More Locations

Meet Our Clients