[CLBS] Trustee has excess funds

James Macdonald jmacdonald at ejame.com
Tue Nov 12 15:08:48 MST 2013


Mates:

Debtor receives large inheritance from father's estate post filing.  Probate estate send Ch. 7 trustee $163,000.  Schedule F lists total of $67,260.77.  Meaning, roughly $90k should be returned to debtor.

POCs due end of November.  To date only one POC filed and it matches what was scheduled on Schedule F.

Debtor asks  Ch. 7 trustee to cut him $20k because he is really struggling, and obviously trustee has more than enough $ to pay all claims + his fees.  Ch. 7 trustee says can't do it without order from court.

Has anyone ever filed such a motion?  If so, would they be willing to share it with me?  Or, share their experience with me.

The only thing I can think of would be to file a motion under 554 or 105.

Regards,

James S. Macdonald

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