Legal Question in Bankruptcy in Wisconsin

I filed in dec 2010. they took my tax return. Just received trustee's final report and there is money left over. Am I entitled to that money?


Asked on 10/13/11, 5:15 am

1 Answer from Attorneys

JAY Nixon nixon law offices

Generally, yes, after a rare "asset" bankruptcy is fully administered and closed, if everyone has been paid 100% (including all administrative expenses), the debtor usually gets any leftover money back. However, you might need to make an affirmative effort to contact the trustee and request it. They may not know how to reach you any more and there may be specific forms which you need to fill out. Also, if this was a chapter 13 case where you paid less than 100% under your confirmed plan, the leftover funds would first be used to increase the dividend to creditors up to 100% before the debtor would receive anything. If your chapter 13 plan was not confirmed and you did not convert to chapter 7, funds collected would also normally be refunded to you. If you converted to chapter 7, the chapter 7 trustee might also return money if the amount is so small that it would not result in any meaningful distribution to creditors or if you successfully claimed the funds as exempt. If this is a significant amount of money, you should retain legal counsel to assist you with this. My comments in this public web forum are intended only for public educational purposes and are not legal advice specifically tailored to you and your case. Instead, you should retain a lawyer in order to meet your legal needs, since I will be taking no action on your case. You are welcome to contact my Racine, WI office at 262-633-3090 or email me at [email protected] for further information. Non-clients disclosing confidential information consent to the adverse use of such information against them if attorney ever represents opposing parties. This may occur unless attorney is formally retained, or unless information is provided in private circumstances with specific notice to atty that it is given in confidence in an attempt to obtain legal representation. Sender�s lawfirm engages in debt relief by filing bankruptcies for some clients and all communications may include advertising materials. No suggestions of attorney may be used for illegal avoidance of taxes or penalties or solicitation of same.

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Answered on 10/13/11, 8:43 am


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