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§ 347(b)

In re Premiere Holdings of Tex. LP

Jul
28
2008
Ruling
Unclaimed funds in liquidating trust acquired through Ponzi scheme by dissolved debtor ordered deposited into court registry.
Procedural posture

After the chapter 11 Liquidating Trustee made his final distribution to creditors, $ 25,969 remained unclaimed. In addition, the Liquidating Trustee had slightly less than $ 4,000 of funds reserved for expenses that had not been spent and need not be reserved for payment of expenses. The Liquidating Trustee filed an application to deposit the remaining funds into the registry of the court.

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Commercial opinion summary, case decided on July 28, 2008 , LexisNexis #1008-024
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In re Conner Corp.

Jun
11
2008
Ruling
Debtor not entitled to return of unclaimed funds where prior creditor classes had not been paid in full.
Procedural posture

An amount remained on deposit in the registry of a bankruptcy court which represented distributions which were not claimed by creditors of a bankruptcy debtor, and the debtor moved for return of the unclaimed funds pursuant to 11 U.S.C.S. §§ 347(b), 1143.

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Commercial opinion summary, case decided on June 11, 2008 , LexisNexis #0808-030
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Omega Counsulting v. Edwards (In re Future Trust Inc.)

May
08
2008
Ruling
Bankruptcy court properly denied motion for payment of unclaimed funds.
Procedural posture

Appellant claimant, the purported assignee of the debtor, challenged an order of the Bankruptcy Court for the Western District of Missouri that denied its application for payment of unclaimed funds from the chapter 11 bankruptcy estate. The issue was whether the bankruptcy court erred when it denied appellant's motion for payment of unclaimed funds pursuant to 11 U.S.C.S. § 347(b) and 11 U.S.C.S. § 1143.

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Court :
Judge or Jurisdiction information not available
Commercial opinion summary, case decided on May 08, 2008 , LexisNexis #0608-094
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In re Entire Supply Inc.

Feb
05
2008
Ruling
Bankruptcy court refused to turn over unclaimed funds held in court registry to debtor's president.
Procedural posture

Petitioner, as president for a chapter 11 debtor corporation, sought turnover of all remaining unclaimed funds currently held in the court registry pursuant to 28 U.S.C.S. § 2042 and 11 U.S.C.S. § 347(b) after the trustee completed the liquidation of the debtor's assets and distributed the proceeds.

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Commercial opinion summary, case decided on February 05, 2008 , LexisNexis #0308-097
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