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Case 04-27811-JKF Doc 62 Filed 04/02/13 Entered 04/02/13 15:23:13 Desc Main

Document Page 1 of 2

IN THE UNITED STATES BANKRUPTCY COURT

FOR THE WESTERN DISTRICT OF PENNSYLVANIA

IN RE:
ROBIN A. GIBSON,


Debtor,


) Case Number 04-27811/JKF
) Related to Document No. 59 & 61
) Chapter 13

RBS CITIZENS, N.A.,

Movant,

Vs.

NO RESPONDENTS

Respondent.

)
)

)
)

ORDER DENYING MOTIONS FOR UNCLAIMED FUNDS

Generally, funds deposited for the benefit of a creditor cannot be refunded to any other

party because such funds are presumed to be property of and owned by the specific creditor until shown

otherwise. Although 28 U.S.C. §2042 allows for distribution of funds held by the Court to a claimant entitled

to such money on petition to the Court, notice must first be given to the United States Attorney and full proof

of the right thereto shown in the Motion. Here, the Motions lack the documentary proof of entitlement from

RBS Citizens, N.A., (as was filed at Doc. No. 58 and 59), and the documents failure to include counsel for

Movant’s email address, to comply with this Court’s Local Rules pleading signatures, specifically,

W.PA.LBR 5005-6 and/or Fed. R. Bankr. P. 9011; therefore,

AND NOW, this 2nd day of April, 2013, upon consideration of the Motions to Pay

Unclaimed Funds, (filed at Document Number 59 and 61), for the above reasons, it is hereby ORDERED that

the Motions for Unclaimed Funds are DENIED, without prejudice.


Judith K. Fitzgerald
Judge, US Bankruptcy Court

FILED 2013 APR 2 A 9:19 CLERK U.S. BANKRUPTCY COURT - PGHCase 04-27811-JKF Doc 62 Filed 04/02/13 Entered 04/02/13 15:23:13 Desc Main

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Case Administrator to mail to:

Ronda Winnecour, Esq.
Debtor
Counsel for the Debtor
Office of the U.S. Trustee
Jardanian Josephs, Esq.