Case 08-70341-JKF Doc 76 Filed 03/19/12 Entered 03/19/12 11:25:14 Desc Main
2012 MAR 19 A 9:57
COURT - PGH
IN THE UNITED STATES BANKRUPTCY COURT
Document Page 1 of 1
FOR THE WESTERN DISTRICT OF PENNSYLVANIA
MAXINE E. LEHMAN,
MAXINE E. LEHMAN,
Bankruptcy No. 08-70341 JKF
Related to Doc. No. 73
ORDER DENYING MOTION
ORDER OF COURT
AND NOW, to wit, this _____ day of _______________, 2012 and upon consideration of the
Motion is DENIED, without prejudice.
ORDERED, ADJUDGED and DECREED that the Clerk be and hereby is directed to reopen
The Debtor filed a Motion to Reopen Case for the Release of Unclaimed Funds from Court Registry,
"(Motion)", at Doc. No. 73,
foregoing Motion to Reopen Case for the Release of Unclaimed Funds from Court Registry, it is
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, such a Motion has not been filed by the owner(s) of
the funds and the Motion fails to contain documentary proof of entitlement to the affected creditors.
Case No. 08-70341 JKF so that the Debtor may file the appropriate pleadings for the release of
The Motion also fails to comply with this Court’s Local Rules and Forms regarding pleading captions,
unclaimed funds from the Court Registry.
specifically, W.PA.LBR 9004-1, as Motion to Reopen fails to name the affected creditors; therefore,
AND NOW, this 19th day of March, 2012, upon consideration of the Motion (filed at Document
Number 73), and for the above reasons, it is hereby ORDERED that the Motion is DENIED, without
prejudice. The Clerk shall immediately refund the reopening fee paid at Receipt No. 8545026, in the
amount of $235.
______________________________________________________________________________________________ _________________________________________________________________________________________________ ____________________________________________
Judith K. Fitzgerald
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U.S. Bankruptcy Judge