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If a case is dismissed in Chapter 13 is there a way for the creditor to get a distribution?
If a case is dismissed after several attempts to confirm a plan, the
Trustee normally returns all the plan payments to the debtor after the
attorney is paid if there was a RARA filed.
That in a sense creates a disincentive for a creditor to dismiss a case,
especially if it cannot be dismissed with a 109(g) bar to refiling.
Is there any way for a creditor to obtain the funds from the Trustee? I
know if there's already a judgment they can serve the Trustee with a
third party assignment order obtained on an ex parte basis. Is that the
only way?
Steve
Law Offices of Steven B. Lever
>
> Steven B. Lever
>( Tel. (562) 436-5456 ext. 1
>( Fax (562) 485-6886
>* sblever@leverlaw.com
> www.leverlaw.com
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