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For security reasons the Trustee's bank personnel check and match all endorsements to be certain that the negotiable instruments are properly endorsed to the person or entity to whom the check is made payable. If the bankruptcy is a joint petition, refund checks are made payable to both debtors unless there is a Court order directing the Trustee to do otherwise.

There are creditors who do not cash the checks the Trustee sends them or who cannot be found after they have filed a proof of claim. The Standing Chapter 13 Trustee's Internal Accountant attempts to locate them. However, approximately ninety (90) days after the case is closed, funds are paid to the Clerk of the United States Bankruptcy Court for the District of Nebraska. Total amounts paid into the Court registry are as follows:

  • Calendar Year 1999: $41,955.02

  • Calendar Year 1998: $12,671.72

  • Calendar Year 1997: $27,837.88

  • Calendar Year 1996: $14,201.21

  • Calendar Year 1995: $15,755.11

  • Calendar Year 1994: $20,084.96

  • Calendar Year 1993: $32,798.55

  • Calendar Year 1992: $ 2,723.01

  • Calendar Year 1991: $ 3,106.10

  • Calendar Year 1990: $13,967.93

  • Calendar Year 1989: $ 8,331.17

Pursuant to 11 U.S.C. 1326(a)(2), the Chapter 13 Trustee is not permitted to make any payments to creditors until the case gets confirmed absent a contrary Court order. To ensure that there is no delay in making car or lease payments, debtor's counsel may see, a Court order to assume an unexpired lease, to commence pre-confirmation adequate protection payments, and to allow the filing of a proof of claim for the creditor. If you are an attorney Member of 13Law, you will find samples of a Motion to Assume Unexpired Lease of Personal Property, Motion for Adequate Protection, and Motion to Allow Filing of Proof of Claim Beyond Original bar Date, a Notice Setting Resistance Deadline of for the Motion, and a Journal Entry Sustaining Such Motion.
 

Notice: This web site is provided with the understanding that the Chapter 13 Trustee Office is not engaged in rendering legal, accounting, or other professional services. If legal advice or other expert assistance is required, the services of a competent person should be sought.