Looks like from what I can find out, you do not get the money back. Instead the money is deposited to the clerk of the Bankruptcy Court in the name of the creditor. The clerk then holds those funds for 5 years when they are sent to the US Treasury for holding until a claim is made by the creditor for those funds. Similar to unclaimed funds going to the state after 1 year. The case will close without the disbursement of those funds.
I'm completing the JAMS form tonight and was hoping someone could clarify a couple things for me.
Here are the top of the instructions on the JAMS form:
If you wish to proceed with an arbitration by executing and serving a Demand for Arbitration on the appropriate
party, please submit the following items to JAMS with the requested number of copies:
A. Demand for Arbitration (2 copies)
B. Proof of service of the Demand on the appropriate party (2 copies)
C. Entire contract containing the arbitration clause (2 copies)
The first paragraph of the instructions lead me to believe JAMS will serve the other party. #B gives the impression I'm supposed to do this. What is the proper procedure?
Also, there are ten separate loan agreements involved. JAMS is asking for two copies of the loan agreement. Do you think it would be acceptable for me to include two copies of the most recent agreement, mention the other nine contracts have the same arbitration clause, and offer to provide copies of the other contracts upon request? Two copies of all 10 agreements would come to about 150 pages. Should I just be thorough and send everything?
Thanks for the help.
My husband and I have just made our last payment in our five year Chapt. 13 case about a week ago. We are beyond thrilled. During our case we were informed by our Trustee that the check sent by the Trustee to one of the accounts our Trustee was paying on came back in the mail as undeliverable. We got some formal notice from the Trustee on the issue that I didn't quite understand so I called the Trustee's office and spoke to someone who broke it down into English for me of what was going on. The representative from the Trustee's office stated that they had sent a payment to this claimant and it had come back as they had changed locations and there was no forwarding address. So I asked what happens and was told that we continue to pay per our plan and that it was the responsibility of the claimant to notify the Trustee of their new address so they could send payment to them.
Here we are years later, at the end of our case and this claimant has never done this so our case has an extra $3305 in it. My question is, what happens to that money? Do we get it back after a certain amount of time? Does the Court get to keep it? I am in Kentucky if that makes a difference. Obviously we would love to have that money back but I won't hold my breath. I won't be surprised to find out that there is some law that says anything left over goes to the Court but I don't really agree with that. I can understand a holding period that the claimant has to file something to retrieve their money but after a certain time, I would say the money should go back to the debtors.
Thanks in advance for any guidance.