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By John Ashcroft Institute for Constitutional Studies

Eighth Circuit Court of Appeals Bankruptcy Panel denies collection agency's claim to bankrupt pre-need burial plan provider's nearly $167k in unclaimed plan distribution funds.
076071P.pdf 05/08/2008 Omega Consulting v. R. Deryl Edwards, Sr. U.S. Court of Appeals Case No: 07-6071 U.S. Bankruptcy Court for the Western District of Missouri
[PUBLISHED] [Schermer, Author, with Chief Judge Kressel and
Mahoney, Bankruptcy Judges]
"Bankruptcy Appellate Panel - payment of unclaimed funds. Bankruptcy
court did not err in denying request by Omega, as assignee, for payment
of unclaimed funds from the debtor's Chapter 11 estate under sections
347(b) and 1143 of Bankruptcy Code, because Omega did not establish a
right to funds or a chain of title linking Omega to debtor. Omega failed to
serve notice on United States Attorney as required and failed to meet its
burden by failing to present the confirmed plan. Furthermore, the plan
prevented the Omega from recovering the unclaimed funds and Omega
failed to prove it was an assignee of debtor."

Full post as published by Showmeblawgs on May 11, 2008 (boomark / email).