Parsons, In re
Nov
09
2023
Ruling
Debtors' pro se application for payment of unclaimed funds was denied as they did not satisfythe rules of procedure or evidence in prosecuting their application. (Bankr. W.D. Tenn.)
Issue(s)
Unclaimed Property; Disposal in Chapter 7, 12 or 13.
ABI Membership is required to access the full summary of Parsons, In re Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
Forum Health, In re
Aug
27
2020
Ruling
Distribution of unclaimed funds was controlled by provisions of the confirmed Chapter 11plan. (Bankr. N.D. Ohio)
Issue(s)
Unclaimed Property; Disposal in Chapter 7, 12 or 13.
ABI Membership is required to access the full summary of Forum Health, In re Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
Summage, In re
May
21
2019
Ruling
Petitioner was not entitled to the unclaimed funds paid into the court as he was not the"rightful owner" with the right thereto. (Bankr. W.D. La.)
Issue(s)
Unclaimed Property; Disposal in Chapter 7, 12 or 13.
ABI Membership is required to access the full summary of Summage, In re Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
Cunningham, In re
Oct
03
2017
Ruling
Court ruled that if a creditor does not negotiate a check, and that check remains uncashed 90days after the final distribution, the funds represented by that check are deemed unclaimedfunds and are to be deposited into the Court's registry in trust for the creditor. (Bankr. M.D.Tenn.)
Issue(s)
Unclaimed Property; Disposal in Chapter 7, 12 or 13.
ABI Membership is required to access the full summary of Cunningham, In re Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
In re Getting Techs. Inc.
Mar
02
2016
Ruling
Trustee could not distribute remaining estate funds, which were required to be deposited with the court.
Issue(s)
Could a post-closing supplemental distribution to creditors from unclaimed estate funds be approved?
ABI Membership is required to access the full summary of In re Getting Techs. Inc. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
In re Sischo
Jul
30
2014
Ruling
Funds from check returned by former servicer of stripped lien that was being treated as unsecured ordered segregated as unclaimed funds unless properly claimed by appropriate party.
Issue(s)
What is proper treatment of a claim filed by loan servicer when servicing was transferred postpetition and what should be done with funds from payment returned by the original servicer?
ABI Membership is required to access the full summary of In re Sischo Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
In re Rodriguez
Mar
19
2013
Ruling
Deceased debtor's brother could not collect remaining estate funds absent showing of entitlement.
Procedural posture
A bankruptcy debtor died intestate, the debtor's case was then dismissed, and the bankruptcy trustee placed funds remaining in the debtor's estate with the clerk of court. The debtor's brother ex parte applied for payment of the unclaimed funds on the ground that he was the debtor's sole heir with the right to collect the debtor's funds.
ABI Membership is required to access the full summary of In re Rodriguez Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
In re Wilkerson
Aug
02
2011
Ruling
Unclaimed funds were not property of the estate and properly paid to court by trustee.
Procedural posture
Debtors filed a petition under chapter 13 in June 2004, but subsequently converted their case to one under chapter 7. Almost five years later, the debtors filed a motion seeking payment of unclaimed funds. The court denied the debtors' motion without prejudice, and the debtors filed a renewed motion with a memorandum of law.
ABI Membership is required to access the full summary of In re Wilkerson Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
Citicorp v. Henderson (In re Henderson)
Apr
06
2010
Ruling
Motion for payment of unclaimed funds dismissed as brought by a non-attorney.
Procedural posture
Before the court in debtors' chapter 13 case was an Amended Motion for Payment of Unclaimed Funds filed by a non-attorney, Recovery and Escheat Manager, on behalf of movant creditor.
ABI Membership is required to access the full summary of Citicorp v. Henderson (In re Henderson) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 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.
ABI Membership is required to access the full summary of In re Kee Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
: