Unclaimed Funds in Chapter 13: Trustee Obligations and Executive Order 14247

Recent communications from the U.S. Trustee Program regarding Executive Order 14247 suggest a need to review the unclaimed funds policies and procedures as they relate to chapter 13 bankruptcy trustees in their roles as disbursing agents.

Unlock This Article

To get started, please let us know which of these best fits your current position:

Please sign in to continue reading this content.
image004
Emeritus Chapter 13 Trustee for the District of Kansas

Jan Hamilton is a graduate of Washburn University and the Washburn University School of Law. He is an emeritus Chapter 13 Trustee for the District of Kansas. Prior to his appointment as trustee, Jan practiced law in the private sector for more than 25 years, where he was rated “A” by Martindale-Hubbell and listed in Best Lawyers of America in the field of bankruptcy for many years. Throughout his career, Jan was a frequent CLE presenter at NACTT seminars, as well as in Kansas and nationwide. He has authored numerous articles for state and national publications addressing issues in bankruptcy law and bankruptcy litigation. Jan served on many committees of the NACTT during his tenure as a Chapter 13 Trustee. In addition to his practice and trustee work, Jan taught as an adjunct instructor at Washburn University and as an adjunct professor at the Washburn University School of Law. He is an emeritus member of the American College of Bankruptcy. Jan continues to practice law on a highly limited basis and is currently active as a mediator in bankruptcy cases. While serving as a Chapter 13 trustee, Jan successfully petitioned for and obtained Supreme Court review in Hamilton v. Lanning, 560 U.S. 505 (2010). Jan personally argued the case and authored the briefs, with the invaluable and highly competent assistance of his staff attorney, Teresa Arnold. The case also benefited from the support of the Solicitor General, who reported to the Supreme Court, upon inquiry, that Jan was wrong, but the Supreme Court should hear the case.

Related Articles

December 22, 2019
By William Houston Brown, Editor/Adviser, Academy for Consumer Bankruptcy Education On December 18, 2019, the Supreme Court granted the City of Chicago’s petition for certiorari, 2019 WL 6880702, from the decision of the Seventh Circuit at 926 F.3d 916 (7th Cir. June 19, 2019). The Seventh Circuit’s decision was analyzed in a prior article on this website. In its decision,...
Members
gustafson2
In the continually evolving field of consumer bankruptcy law, a series of Supreme Court decisions shape how cases are administered nationwide. Over the coming months, we will highlight key decisions that every bankruptcy practitioner should recognize—both by name and by the issues they resolve. This week’s ‘memory work’ is: Taylor v. Freeland & Kronz, Law v. Siegel, Hamilton v. Lanning, and Butner v. US.
Members
March 31, 2019
By Wm. Houston Brown, United States Bankruptcy Judge (Retired) Debtor’s Attorney - Chapter 13 no-look fee subject to Hawai’i’s general excise tax. Construing the State’s excise tax, the Chapter 13 debtor’s attorney could not collect the required excise tax in addition to the agreed upon no-look fee. The district’s Rights and Responsibilities Agreement between debtor and attorney did not contain...
Members
February 28, 2021
By Joseph A. Bledsoe, III (“Jody”), Chapter 13 Standing Trustee for the Eastern District of North Carolina (New Bern) In the aftermath of City of Chicago v. Fulton, discussions abound as to whether it is sufficient for a chapter 13 debtor to seek return of his vehicle, repossessed prepetition, via a motion for turnover. Most seem to believe a motion...
Members
August 9, 2020
By Lawrence R. Ahern III, Brown & Ahern (Nashville, TN) Introduction to this Series Current pandemic circumstances and economic conditions portend an onslaught of bankruptcy filings. In the consumer bankruptcy field, trustees and debtors' counsel often are uncomfortable with the rules in UCC Article 9. Here, we look at a couple of topics that touch on the interplay of Article...
Members
reda
June 21, 2026
NSF’s have a psychological impact.
December 20, 2020
By Robert S. Thomas, II,1 Chapter 13 Standing Trustee for the District of Maryland (Baltimore) All stakeholders strive to make the Chapter 13 program efficient and beneficial to all parties. The Chapter 13 program has evolved over the years to better serve debtors and creditors. This is due in part because of the remarkable actions taken daily by our Bankruptcy...
Hale-Andrew-Antico
December 17, 2023
Does a converted bankruptcy case restart the deadline for objections to exemptions? This is one of those articles that makes subscription to ConsiderChapter13.org “worth the price of admission”!
Members
August 15, 2021
By Karin N. Amyx, Staff Attorney to Chapter 13 Trustee Carl Davis (Wichita, KS) Trustees possess a variety of sensitive information that could be useful to litigants in contract disputes, divorce and child custody matters, insurance litigation or criminal prosecution. Additionally, debtors, creditors or third parties may be interested in the trustee’s internal operating procedures or legal position on disputes...
Members
moran_cathy
August 25, 2024
Pay off debt first or start saving now? A question you, as a debtor attorney, are often asked. It’s a debate almost as convoluted as which came first, the chicken or the egg?
Members

Looking to Become a Member?

ConsiderChapter13.org offers a forum to advance continuing education of consumer bankruptcy via access to insightful articles, informative webinars, and the latest industry news. Join now to benefit from expert resources and stay informed.

Webinars

These informative sessions are led by industry experts and cover a range of consumer bankruptcy topics.

Member Articles

Written by industry experts, these articles provide in-depth analysis and practical guidance on consumer bankruptcy topics.

Industry News

The Academy is the go-to source for the latest news and analysis in the Chapter 13 bankruptcy industry.

To get started, please let us know which of these best fits your current position: