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IN RE HAMILTON

Nos. 3:12-BK-04600, 3:11-BK-10429, 3:12-BK-03021.

493 B.R. 31 (2013)

In re H. Mickey HAMILTON and Melissa Willis Hamilton, Debtors. In re Risé K. Hester, Debtor. In re Ora Lee Starks, Debtor.

United States Bankruptcy Court, M.D. Tennessee.

May 16, 2013.

Attorney(s) appearing for the Case

Henry E. Hildebrand, III, Nashville, TN, Chapter 13 Trustee.

Maximilian R. Loosen, Puryear Law Group, Nashville, TN, for Southeast Financial Credit Union.

Rabin Price Nimmo, Nimmo Hoehn Kirt and Partin, Nashville, TN, for Risé Hester.

Gray Waldron, Rothschild & Ausbrooks, PLLC, Nashville, TN, for Interested Parties.

Courtney H. Gilmer, Baker, Donelson, Bearman, Caldwell & Berkowitz, PC, Nashville, TN, for Ocwen Loan Servicing, LLC.

Beth Roberts Derrick, Nashville, TN, Assistant U.S. Trustee, Office of the U.S. Trustee.

MEMORANDUM

KEITH M. LUNDIN, Chief Judge.

The issue in these Chapter 13 cases is: What happens at dismissal to funds held by the trustee in a confirmed Chapter 13 case? 11 U.S.C. § 349(b)(3) provides the answer: Absent court order otherwise, undistributed funds must be returned to the debtor at dismissal after confirmation. The following are findings of fact and conclusions of law. FED. R. BANKR.P. 7052.

I. FACTS

There are no disputed...

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