§ 347

Forum Health, In re

Ruling: 
Distribution of unclaimed funds was controlled by provisions of the confirmed Chapter 11plan. (Bankr. N.D. Ohio)
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Commercial case opionion 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.)
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Consumer case opionion 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.)
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Consumer case opionion 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.
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Commercial case opionion 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.
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Consumer case opionion summary, case decided on July 30,2014, LexisNexis #0914-075

In re Rodriguez

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.
Ruling: 
Deceased debtor's brother could not collect remaining estate funds absent showing of entitlement.
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Consumer case opionion summary, case decided on March 19,2013, LexisNexis #0413-109

In re Wilkerson

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.
Ruling: 
Unclaimed funds were not property of the estate and properly paid to court by trustee.
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Consumer case opionion summary, case decided on August 02,2011, LexisNexis #0911-031

Citicorp v. Henderson (In re Henderson)

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.
Ruling: 
Motion for payment of unclaimed funds dismissed as brought by a non-attorney.
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Consumer case opionion summary, case decided on April 06,2010, LexisNexis #0610-138

In re Kee

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.
Ruling: 
Motion for disbursement of unclaimed funds denied where debtor, counsel and trustee potentially had an interest and required proper service.
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Consumer case opionion summary, case decided on May 22,2009, LexisNexis #0809-066

In re Payroll Express Corp.

Several judgment creditors assigned their money judgment against two individual chapter 11 debtors to an assignee. The assignee thereafter filed an application in the court, seeking to enforce the judgment against the unclaimed dividends remaining in the bankruptcy estate of a chapter 11 corporate debtor. The assignee claimed the corporate debtor and the individual debtors were alter egos.
Ruling: 
Unclaimed dividends could not be used to satisfy judgment where corporate debtor's case had been dismissed without plan confirmation.
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Commercial case opionion summary, case decided on November 24,2008, LexisNexis #0209-065

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