Local Rule LR 6.05 / LR 2083-5: Dismissal or Conversion
Bankr. S.D. W.Va. — General rule
When the case is either dismissed or converted, the Chapter 13 Trustee shall dispose of undistributed monies in his custody as follows:
a. if the plan has been confirmed at hearing, the funds shall be distributed to creditors in accordance with the confirmed plan without the necessity of the creditor filing a motion to lift stay in the Chapter 7 case;
b. if the plan has not been confirmed, the Chapter 13 Trustee shall prepare notice to all creditors of monies to be returned to the debtor. The Bankruptcy Clerk shall mail the notice to the Chapter 13 creditor body. Unless a written objection is filed within ten (10) days, the Trustee shall pay all funds collected to the debtor through his/her attorney.
Cross reference Bankruptcy Rule 1019 11 U.S.C. § 1326