Tri Continental Leasing Corp. v. Gray (In Re Gray)

HOWARD SCHWARTZBERG, Bankruptcy Judge.

This Chapter 13 debtor seeks to have the sum of $1146.16 refunded to him by the standing Chapter 13 trustee on the ground that this sum was intended for payment to a secured creditor who did not file a proof of claim in this case. Therefore, the debtor reasons that the funds should be returned to him rather than distributed to unsecured creditors. However, the standing Chapter 13 trustee maintains that the funds should be allocated for a pro rata distribution to the unsecured creditors whose claims were allowed.

The debtor is a practicing attorney and a…