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§ 347(a)

Parsons, In re

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.

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Consumer opinion summary, case decided on November 09, 2023 , LexisNexis #0124-027

Forum Health, In re

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.

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Commercial opinion summary, case decided on August 27, 2020 , LexisNexis #1020-028

Summage, In re

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.

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Consumer opinion summary, case decided on May 21, 2019 , LexisNexis #0819-003

Cunningham, In re

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.

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Consumer opinion summary, case decided on October 03, 2017 , LexisNexis #1117-035

In re Getting Techs. Inc.

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?

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Commercial opinion summary, case decided on March 02, 2016 , LexisNexis #0316-108

In re Sischo

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?

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Consumer opinion summary, case decided on July 30, 2014 , LexisNexis #0914-075

In re Wilkerson

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.

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Consumer opinion summary, case decided on August 02, 2011 , LexisNexis #0911-031

In re Applications for Unclaimed Funds

Ruling
Hearing was scheduled to determine proper recipients of unclaimed funds since the claims locator service submitted applications that were deficient under section 347(a) standards.
Procedural posture

A claims locator service submitted multiple applications for payment of unclaimed funds to the bankruptcy court. The court considered the legal requirements concerning such applications.

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opinion summary, case decided on September 30, 2005 , LexisNexis #0506-008