Legal Opinion

In Re Lee

United States Bankruptcy Court, M.D. Tennessee

Decided December 14, 1995No. Bankruptcy 91-10402PublishedCited by 13 opinions

1Opinion of the Court

MEMORANDUM

GEORGE C. PAINE, II, Chief Judge.

I. INTRODUCTION

The issue before the Court is how the Chapter 13 Trustee should handle plan disbursements in an active, confirmed ease that are returned to the Chapter 13 Trustee due to an incorrect address and the creditor cannot be located. For the reasons cited herein, the Court finds that in an active, confirmed Chapter 13 case, the Trustee may seek to disallow a previously allowed claim when an allowed claimholder changes addresses, and all attempts to locate the claimholder are unsuccessful. Accordingly, the Chapter 13 Trustee’s objection to the…

2Cases cited3 opinions

  1. Pollack v. Federal Deposit Insurance (In Re Monument Record Corp.)United States Bankruptcy Court, M.D. Tennessee · 1987
  2. Sentry Financial Service Corp. v. Pitrat (In Re Resources Reclamation Corp. of America)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1983
  3. Fryer v. Easy Money Title Pawn, Inc. (In Re Fryer)United States Bankruptcy Court, S.D. Georgia · 1994

3Cited by13 opinions

  1. Shook v. CBIC (In Re Shook)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2002
  2. In Re GomezUnited States Bankruptcy Court, M.D. Florida · 1999
  3. Bankowski v. Wells Fargo Bank, N.A. (In re Reid)United States Bankruptcy Court, D. Massachusetts · 2012
  4. In Re HallmarkUnited States Bankruptcy Court, C.D. California · 1998
  5. Baxter v. Systems & Services Technologies, Inc. (In Re Dykes)United States Bankruptcy Court, S.D. Georgia · 2002

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