Am I entitled to receive a refund of my payment that was cashed by the trustee but never disbursed? 10 Answers as of June 13, 2014

I was converted from Chapter 7 to Chapter 13. We had a confirmed 100% plan before the final date for filing of claims. After all the claims came in, we were trying to amend the plan from 100%. In the interim, we were making payments to the trustee. After some time, we could not come to agreement with the trustee and I voluntarily withdrew. The trustee had made disbursements prior to withdrawal and took a fee. I asked for an accounting of all disbursements. It turns out that the trustee received and cashed a payment that they do not show. I am trying to get that money returned to me since the case is closed. The trustee is telling me that the case is closed and all monies were disbursed. I can prove that this is not the case I have copies of cancelled money orders that are not part of their records.

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Stephens Gourley & Bywater | David A. Stephens
If money was received and not disbursed the debtor is entitled to it as long as the plan is completed.
Answer Applies to: Nevada
Replied: 6/13/2014
Ronald K. Nims LLC | Ronald K. Nims
If you can prove that the trustee received the money, then send copies of the proof to the trustee and see his response. If the trustee still refuses to return the funds, you'll have to reopen the case and make a motion to the bankruptcy court for the return of these funds.
Answer Applies to: Ohio
Replied: 6/13/2014
Janet A. Lawson Bankruptcy Attorney
Janet A. Lawson Bankruptcy Attorney | Janet Lawson
you will need a lawyer to reopen the case to contest the accounting, AND it might bee too late. The trustee posted an accounting prior to closing that had a certain amount time for objections attached to it.
Answer Applies to: California
Replied: 6/13/2014
Michael B. McFarland, P.A. | Michael B. McFarland
If you can't get an adequate answer from the trustee, contact the U.S. Trustee for your district. He or she supervises the standing trustees, and should be able to get you an answer.
Answer Applies to: Idaho
Replied: 6/13/2014
A Fresh Start
A Fresh Start | Dorothy G Bunce
If you believe you are better at accounting than the bankruptcy trustee is, you can contact the office of the US Trustee to file a complaint. Don't hold your breath - the Chapter 13 Trustee is almost always right - like 99.9% of the time in my 35+ years of experience.
Answer Applies to: Nevada
Replied: 6/13/2014
    The Law Offices of Deborah Ann Stencel | Deborah A. Stencel
    Every trustee I have ever work with has had excellent accounting and record keeping, which is not to say they are perfect and not to be questioned. I would print out the Trustee's record of receipts in your case, match your proofs of payment to that list. Anything not credited, like a money order, should be copied AND proof that it was cashed should be obtained from the place that sold you the money order. Write a concise and clear letter regarding the discrepancy and send COPIES of your proofs to the Trustee. You will get a response. You should be able to access your case info online via the Trustee's website even though the case is closed. If not, accountings in your case and 6 month reports were filed with court and you can get copies from there if you did not keep copies mailed to you. If you do not hear from the Trustee, you can file something (like a Motion or letter explaining your concern) with the court but I doubt that will be necessary. BTW, if you purchased a Money Order that was never cashed, the issuer is responsible for refunding your money.
    Answer Applies to: Wisconsin
    Replied: 6/13/2014
    David R. Fondren, Attorney at Law
    David R. Fondren, Attorney at Law | David R. Fondren
    You will need to file a motion with the court and bring it before a judge with all of your evidence. Send copies of your evidence to the trustee. Perhaps they will find their mistake. Otherwise, they will be able to prove to you they did disburse the funds.
    Answer Applies to: Missouri
    Replied: 6/13/2014
    Moore Taylor Law Firm, P.A.
    Moore Taylor Law Firm, P.A. | Jane Downey
    Perhaps you should set an appointment with the trustee.
    Answer Applies to: South Carolina
    Replied: 6/13/2014
    The Law Office of Darren Aronow, PC
    The Law Office of Darren Aronow, PC | Darren Aronow
    You should send your proof to the trustee and see if they will voluntarily fix it, if not, you may have to reopen your case and ask for an accounting of the disbursements.
    Answer Applies to: New York
    Replied: 6/13/2014
    Goldsmith & Guymon
    Goldsmith & Guymon | Marjorie Guymon
    You must file a motion with the court seeking recovery.
    Answer Applies to: Nevada
    Replied: 6/13/2014
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