Opinion
Case No. 6:10-bk-14918-ABB
05-01-2012
In re: JEFFREY DAVID FREEMAN and LILA DAPHNE HUMPHREYS, Debtors.
ORDER
This matter came before the Court on the Motion for Reconsideration (Doc. No. 44) filed by the Debtors Jeffrey David Freeman and Lila Daphne Humphreys seeking reconsideration of the Order entered on April 24, 2012 (Doc. No. 43) which denies their request for payment of unclaimed funds of $10,269.32. The unclaimed funds are the property Homeq and shall remain in the registry of the Court unless claimed by Homeq. 28 U.S.C. §§ 2041, 2042; In re App. Unclaimed Funds in Exhibit "A", 341 B.R. 65, 69 (Bankr. N.D. Ga. 2005); see also Leider v. U.S., 301 F.3d 1290, 1296 (Fed. Cir. 2002) (explaining "an unlocated creditor has a property right in his or her distributive share of the funds of a bankruptcy estate.").
The Debtors have presented no newly-discovered evidence or established any manifest errors of law or fact regarding the April 24, 2012 Order. Their Motion for Reconsideration is due to be denied pursuant to Federal Rule of Civil Procedure 59 and Federal Rule of Bankruptcy Procedure 9023.
Accordingly, it is
ORDERED, ADJUDGED and DECREED that the Debtors' Motion for Reconsideration (Doc. No. 44) is hereby DENIED.
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ARTHUR B. BRISKMAN
United States Bankruptcy Judge