§ 1326(a)(2)

In re Rogers

Ruling: 
Debtor's attorneys not entitled to have their fees paid directly by trustee after denial of confirmation.
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Consumer case opionion summary, case decided on September 22,2014, LexisNexis #1014-068

In re Garris

Ruling: 
Bankruptcy court could not compel trustee to pay legal fees directly to debtors' attorneys pursuant to "assignment of rights" signed by debtor.
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Consumer case opionion summary, case decided on September 05,2013, LexisNexis #0913-134

In re James

Debtor filed a motion to reopen his chapter 13 bankruptcy case and for an order requiring a standing chapter 13 trustee to release funds to the debtor's attorney. A finance company and another creditor filed an objection to the debtor's motion, alleging that a third-party citation to discover assets that was filed in an Illinois court and served on the trustee trumped the release of funds.
Ruling: 
Case reopened and trustee ordered to comply with order to disburse funds.
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Consumer case opionion summary, case decided on April 18,2013, LexisNexis #0513-096

Williams v. Marshall (In re Williams)

Debtors filed a complaint against chapter 13 trustee, seeking turnover of all funds still on hand at the time their bankruptcy case was dismissed. The debtors filed a motion for judgment on the pleadings.
Ruling: 
Funds held by trustee after voluntary dismissal of case had to be returned to debtor.
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Consumer case opionion summary, case decided on March 13,2013, LexisNexis #0413-101

Price v. Ables (In re Price)

After a debtor's chapter 13 case was dismissed, plaintiff, the trustee for the debtor's estate, filed an adversary proceeding pursuant to 11 U.S.C.S. § 1326 for the turnover of property made to chapter 13 trustee by defendants while the case was still pending.
Ruling: 
Objection to garnishment against trustee in dismissed chapter 13 case overruled.
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Consumer case opionion summary, case decided on January 09,2013, LexisNexis #0213-063

In re Locascio

A chapter 13 trustee filed a motion to reopen a dismissed case to determine if funds paid to the debtor under 11 U.S.C.S. § 1326(a)(2) belonged to a creditor.
Ruling: 
Motion to reopen dismissed case denied where trustee properly turned plan payments over to debtor despite garnishment.
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Consumer case opionion summary, case decided on November 05,2012, LexisNexis #1212-032

Ng v. Farmer (In re Ng)

Appellant debtors challenged orders from the United States Bankruptcy Court for the District of Hawaii that dismissed their chapter 7 case under 11 U.S.C.S. § 707(b)(3)(B) on the motion of appellee United States trustee, asserting that the bankruptcy court abused its discretion in dismissing their case based on a change in circumstance when debtor husband's monthly income increased significantly.
Ruling: 
Case properly dismissed where debtor's income increased significantly.
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Consumer case opionion summary, case decided on September 07,2012, LexisNexis #1012-057

In re Parker

Debtor filed a petition under chapter 13 of the Bankruptcy Code, and the court appointed a standing trustee to represent the bankruptcy estate. Three months later, the court granted the trustee's motion to dismiss the debtor's case. After the case was dismissed, the debtor filed a motion seeking an order requiring the clerk of court to pay her $ 3,375 which the trustee paid to the court. A loan care servicing center opposed the debtor's motion.
Ruling: 
Chapter 13 debtor not entitled to return of funds paid to trustee prior to dismissal for failure to make payments.
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Consumer case opionion summary, case decided on January 21,2009, LexisNexis #0309-055

In re Inyamah

A chapter 13 trustee filed a motion to disperse funds to a debtor following the dismissal of the debtor's case. A creditor objected, asserting that the funds should be paid to it based on its judgment and garnishment against the debtor.
Ruling: 
Plan payments less administrative expenses and protection payments were to be returned to debtor upon dismissal of case.
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Consumer case opionion summary, case decided on November 20,2007, LexisNexis #0108-019

In re Bailey

After the debtors'chapter 13 case was dismissed, but before movant chapter 13 trustee could distribute the accumulated plan payments to the debtors, a creditor served the trustee with a garnishment under Oregon law. The trustee moved for instructions on whether the trustee was required to honor the state law garnishment for the plan payments collected prior to dismissal.
Ruling: 
Debtors were entitled to return of funds held by a trustee following dismissal of their unconfirmed chapter 13 case over a creditor's state garnishment claim.
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