Opinion
Case No. 89-01042.
August 12, 2008
MEMORANDUM DECISION AND ORDER DENYING APPLICATION FOR RELEASE OF UNCLAIMED FUNDS
Dilks Knopik, LLC, a so-called fund locator, has filed an Application for Release of Unclaimed Funds seeking to recover on behalf of GMAC Mortgage LLC an unclaimed dividend in the amount of $350.89 (Docket Entry ("DE") No. 23). On March 21, 2008, the court entered a memorandum decision and order requiring that the application be supplemented (DE No. 25). Specifically, the court directed GMAC Mortgage to "file with the court an affidavit stating whether GMAC Mortgage's claim that was the basis for the issuance of the distribution has or has not already been satisfied, and that if no such affidavit is timely filed, the court will deny the Application without prejudice."
In response to the court's order, GMAC Mortgage filed an affidavit (DE No. 27, filed June 13, 2008) identifying the debtor's account information relating to GMAC Mortgage's claim, and stating that "GMAC Mortgage LLC has not sold, released or transferred any interest of the account held by Lorraine June Bouknight." That GMAC Mortgage has not sold, released or transferred any interest of the account held by Lorraine June Bouknight does not answer the question of whether GMAC Mortgage's claim that was the basis for the issuance of the distribution has or has not already been satisfied. Having failed to demonstrate GMAC Mortgage's continuing entitlement to the funds, it is
ORDERED that the Application for Release of Unclaimed Funds filed by Dilks Knopik, LLC seeking to recover an unclaimed dividend of $350.89 on behalf of GMAC Mortgage LLC (DE No. 23) is DENIED without prejudice.
[Signed and dated above.]