trustee payback after refi.

[M900]

Refi'd out of ch. 13 a couple weeks ago paid off everything wonderful feeling, NDC website shows a disbursement check sent to all creditors with a 3K balance, now before I get too excited I'm sure my lawyer will swoop in with a last minute bill for their expertise...cough cough anyway does anyone have any idea it might take to get the remainder back from the trustee?
thanks in advance!

[SinkingFast]

13inOR had that experience.

A balance left after paying off the Creditors.

Part, or all, can't remember, came from continuing to pay Ch 13 Plan Payments until the Trustee got off his butt and Closed their case. The money was then refunded to 13inOR.

Anything that's left over will be refunded to you. Just might take a while.

[aa06a47]

Refi'd out of ch. 13 a couple weeks ago paid off everything wonderful feeling, NDC website shows a disbursement check sent to all creditors with a 3K balance, now before I get too excited I'm sure my lawyer will swoop in with a last minute bill for their expertise...cough cough anyway does anyone have any idea it might take to get the remainder back from the trustee?
thanks in advance!

In a nutshell, it will come probably around 30 days after they audit the chapter 13 account. You won't get it until the audit is performed. It may come sooner than 30 days after the audits, but trustee's I understand write checks 2 days a month. One day is when they pay the creditors and the other day is when they refund money from the account.

[M900]

Thanks !!!!! Just a little curious and trying to figure out how big my savings account is gonna be! Wow.....savings account is a beautiful word I hadn't uttered in years!!

[13inOR]

m900, dont worry, your attorney would have been paid right off the top, even before the secured things were paid. The remaining funds after disbursement
will be refunded to you after trustee has done and audit to basically make sure everthing went where it was supposed to. Your attorney has been long paid,
and if you look at the ledger area on NDC I believe it will show your attorney being paid first.
In my case, the amount showing after disbursement was exactly to the penny what he sent me after audit. The audit took 5 or 6 weeks after payoff, but I did get all of ithe overeage amount.
Your experience should be similar as I believe we have the same trustee.

[M900]

m900, dont worry, your attorney would have been paid right off the top, even before the secured things were paid. The remaining funds after disbursement
will be refunded to you after trustee has done and audit to basically make sure everthing went where it was supposed to. Your attorney has been long paid,
and if you look at the ledger area on NDC I believe it will show your attorney being paid first.
In my case, the amount showing after disbursement was exactly to the penny what he sent me after audit. The audit took 5 or 6 weeks after payoff, but I did get all of ithe overeage amount.
Your experience should be similar as I believe we have the same trustee.

Wow that would be awesome!! I have noticed my atty's always get paid first it's just that there was 1k of estimated lawyer fees included in the escrow check sent to the trustee at time of closing but I have yet to see a new claim from them on the NDC website. They have gotten close to 5K in the 37 months since filing so in my opinion they have plenty!! Hopefully they will stop taking the money from my check this next pay period also!! Thanks again for all the help!!

[Jman30]

I am waiting on the same thing.....but I have a twist here. Maybe someone can help.

The Trustee was holding onto $4,600 that was the result of my last two months payments before the regular disbursement to creditors. On 9/1, they made the normal disbursements out to creditors. ALSO, on 9/1, they got my payoff amount.

Soooo......now there is only $2275 left in my "account" but they also have the payoff. Do I get the last disbursement back since they payoff money is now more than they need since one disubursement happened between the quote of the payoff and the actual payoff?

Does that made sense?

[13inOR]

Jman, I think I know what you are asking. My payroll garnishment went in one more time before it was stopped.
Basically, whatever amount they are sitting on after the amount you owed is paid, is yours. They will refund all overages after the audit.

[M900]

Man I sure wish they'd hurry up and cut my check!!! On a side note my life is soooo much better these days I feel truly blessed and have been spreading the wealth it feels awesome!!!!!!!!

[Jman30]

Jman, I think I know what you are asking. My payroll garnishment went in one more time before it was stopped.
Basically, whatever amount they are sitting on after the amount you owed is paid, is yours. They will refund all overages after the audit.

Thanks 13inOR. I know what you are saying. They will refund whatever is left after they disperse the payoff money. If that is correct, I will also get a small check for a couple of hundred bucks back after the audit to account for the overage for the last payments that were sent to creditors on the same day the Trustee got the payoff money.

All this happened at a bad time as far as the Trustee goes. My Trustee only disperses payments at the end of each month. The payoff was received on 9/1/06, so I have to wait until the end of September for the final payoff to happen. Then another 30-60 days for the audit. Oh well....small price to pay to be out of the 13!!!!

[M900]

Still waiting for my trustee to cut me a check....seems like forever. Kinda odd thing I noticed on my account ledger they paid BofA off but then BofA sent it back then the trustee cut another check for the same amount!?!? Now I'm sure that starts the clock ticking again as far as closing this thing out and audit procedures.....they show they are holding over 3K of my money which seems really high but everything looks to be paid off. I could really use the money before Christmas at least!! any way just an update on my situation everything is going really well not having bills is a beautiful thing......