Jestina L. Pickett

Good Law
United States Bankruptcy Court, Eastern District of CaliforniaJanuary 17, 202309-28900California757 words

Opinion

Trial Court Opinion

UNITED STATES BANKRUPTCY COURT

EASTERN DISTRICT OF CALIFORNIA

3 In re: ) Case No. 09-28900-C-7 ) ) Docket Control No. ALG-

JESTINA PICKETT, )

) Date: January 12, 2023 Debtor. ) Time: 10:00 a.m. ________________________________) Dept: C (Courtroom 35) 8 MEMORANDUM DECISION AND ORDER In a reported decision, this court rejected, without prejudice, the application by Select Portfolio Servicing, Inc., (SPS) for payment of $228,288.47 in unclaimed funds on deposit in the United States Treasury pursuant to 11 U.S.C. § 347(a). That decision also determined that a debtor cannot leapfrog the distribution scheme of 11 U.S.C. § 726 and does not become entitled to unclaimed funds merely because a payee on a chapter 7 trustee’s dividend check issued on account of an allowed claim has not come forward timely to assert its rights to the funds. In re Jestina Pickett, 632 B.R. 78, 70 Bankr. Ct. Dec. 154 (Bankr. E.D. Cal. 2021). At that time, this court was not persuaded that SPS had 22 …

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