IN RE HAMILTON

Nos. 3:12-BK-04600, 3:11-BK-10429, 3:12-BK-03021.

493 B.R. 31 (2013)

In re H. Mickey HAMILTON and Melissa Willis Hamilton, Debtors. In re Risé K. Hester, Debtor. In re Ora Lee Starks, Debtor.

United States Bankruptcy Court, M.D. Tennessee.

May 16, 2013.


Attorney(s) appearing for the Case

Henry E. Hildebrand, III , Nashville, TN, Chapter 13 Trustee.

Maximilian R. Loosen , Puryear Law Group, Nashville, TN, for Southeast Financial Credit Union.

Rabin Price Nimmo , Nimmo Hoehn Kirt and Partin, Nashville, TN, for Risé Hester.

Gray Waldron , Rothschild & Ausbrooks, PLLC, Nashville, TN, for Interested Parties.

Courtney H. Gilmer , Baker, Donelson, Bearman, Caldwell & Berkowitz, PC, Nashville, TN, for Ocwen Loan Servicing, LLC.

Beth Roberts Derrick , Nashville, TN, Assistant U.S. Trustee, Office of the U.S. Trustee.


MEMORANDUM

KEITH M. LUNDIN, Chief Judge.

The issue in these Chapter 13 cases is: What happens at dismissal to funds held by the trustee in a confirmed Chapter 13 case? 11 U.S.C. § 349(b)(3) provides the answer: Absent court order otherwise, undistributed funds must be returned to the debtor at dismissal after confirmation. The following are findings of fact and conclusions of law. FED. R. BANKR.P. 7052.

I. FACTS

There are no disputed...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases