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IN RE TRAN

BAP No. CC-03-1521-BMAJ. Bankruptcy No. SA 01-12262-RA.

309 B.R. 330 (2004)

In re Anthony T. TRAN, Debtor. Amrane Cohen, Chapter 13 Trustee, Appellant, v. Anthony T. Tran, Appellee.

United States Bankruptcy Appellate Panel of the Ninth Circuit.

Filed April 29, 2004.

Attorney(s) appearing for the Case

Misty Perry Isaacson, Dreyfuss, Ryan & Weifenbach, Santa Ana, CA, for Amrane Cohen, Chapter 13 Trustee.

Before: BRANDT, MARLAR, and JAROSLOVSKY, Bankruptcy Judges.

OPINION

BRANDT, Bankruptcy Judge.

In this case the chapter 132 debtor represented in his post-confirmation motion to refinance his house that the net proceeds would be used to pay 100% to unsecured creditors. The court granted the motion, and after the proceeds had been remitted to the trustee but before he could distribute the proceeds, debtor dismissed his case. Who gets the money?

The bankruptcy court held that the...

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