- 11 U.S.C.
In re Kee
May
22
2009
Ruling
Motion for disbursement of unclaimed funds denied where debtor, counsel and trustee potentially had an interest and required proper service.
Procedural posture
A mortgage creditor filed a proof of claim in debtor's chapter 13 case for an arrearage of $ 2,077 on a secured debt of $ 113,897. Debtor's plan was confirmed, and the trustee fully paid the claim. The creditor did not claim $ 1,412 of the disbursement. Consequently, the trustee paid $ 1,412 into the court's registry as unclaimed funds. An attorney-in-fact for the creditor's alleged parent bank filed an application for disbursement of the funds.
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Court
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