Q: Is there a statute of limitations when attempting to recover unclaimed funds after a chapter 13 discharge?
I filed a chapter 13 in 1999. I received a discharge, never thought anything else about it, and went on to improve my life. I recently received a letter from a private investigator in Arizona stating that, for a small fee, they would collect the unclaimed funds being held by the bankruptcy court here in Columbus, Ohio. I had no idea these funds were there. I did a search of the website and found them. It's greater than $1,000, quite a bit of money for me. I was told by a friend that the statute of limitations had already run and that I was out of luck. The exact amount of the unclaimed funds shows up on my final report as "registry fund." I was never notified by the court or the chapter 13 trustee at the time. Do I have any recourse or has the statute of limitations indeed run out?
A: If the funds are still there, you should still be able to recover them.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
