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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.
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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:
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Calendar Year
1999: $41,955.02
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Calendar Year
1998: $12,671.72
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Calendar Year
1997: $27,837.88
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Calendar Year
1996: $14,201.21
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Calendar Year
1995: $15,755.11
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Calendar Year
1994: $20,084.96
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Calendar Year
1993: $32,798.55
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Calendar Year
1992: $ 2,723.01
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Calendar Year
1991: $ 3,106.10
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Calendar Year
1990: $13,967.93
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Calendar Year
1989: $ 8,331.17
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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.
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