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Ellen
Ellen, Attorney
Category: Bankruptcy Law
Satisfied Customers: 36714
Experience:  Bankruptcy Lawyer. Experienced.
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i filed bankruptcy and it has been discharged in 2010 last

Customer Question

i filed bankruptcy and it has been discharged in 2010 last year i found out that one of the crreditors sent the check back to the bankruptcy court 3 times i tired to get the money back but the judge thinks that it should stay in the us treasury there are no cases involved like this and my lawyer had no answers who is entitled to that money if the creditor doesnt want it
Submitted: 3 years ago.
Category: Bankruptcy Law
Expert:  Ellen replied 3 years ago.
*This chat is not intended as legal advice. It is general information that may or may not apply to your situation and should not be relied upon.*

Welcome,

My name is XXXXX XXXXX I will do whatever I can to answer your questions!

To assist me in answering your question, please tell me:
1. Did you file a chapter 7 or a chapter 13 bankruptcy?
2. Did the bankruptcy provide for 100% payments of 100% of the outstanding debt?
3. Was it a judge or a trustee that stated that the funds should remain in the U.S. Treasury?

Thanks!
Customer: replied 3 years ago.

chapter 13. yes we paid everything we had to and it was judge but he also said because there not being any another cases like this he couldnt make a decision .

Expert:  Ellen replied 3 years ago.

I understand that you paid everything you were required to under the plan. Did you pay 100% of creditor debt under the plan or a lesser amount
Customer: replied 3 years ago.

no the full amount


 

Expert:  Ellen replied 3 years ago.


The creditor's share would be paid into the U.S. Treasury as "unclaimed funds".

In a bankruptcy case the trustee pays out money collected to creditors as per the payment plan. If the funds are returned for any reason, the trustee is required to deposit those funds with the court clerk as unclaimed.

You can read more about unclaimed plan payments at this link:
http://www.pamb.uscourts.gov/unclaimed-funds

I would be glad to respond to any related follow-up questions that you may have.

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