You are here

In re Edward Johnson

On the debtor’s motion seeking an order compelling the chapter 13 trustee to refund to the debtor the full amount of payments made by the debtor on his chapter 13 plan prior to the dismissal of the case prior to confirmation of the plan, held:  The trustee is not authorized to deduct from held plan payments her statutory fee if a chapter 13 case is dismissed without having a plan confirmed.  As a result, the trustee is required to return to the debtor all payments not excluded from such return under 11 U.S.C. § 1326(a)(2).  The motion is, therefore, GRANTED.

Friday, May 12, 2023