In re Milligan
Feb
09
2007
Ruling
Trustee was entitled to surcharge against creditor's interest in debtor's insurance proceeds as creditor had not requested timely relief from bankruptcy court.
Procedural posture
Bankruptcy debtors'vehicle was involved in an accident and deemed a total loss by the debtors'insurer, and the bankruptcy trustee received the insurance proceeds. A creditor allegedly secured by the vehicle requested the proceeds from the trustee, but the creditor did not request relief from the court, and the trustee moved for a determination of secured status and for a surcharge for administration under 11 U.S.C. § 506(c).
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Court
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