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.

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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.

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