Coudert Bankruptcy Administrator Shines Light on Unclaimed Funds
Liquidators of defunct law firm Coudert Brothers are demanding that states turn over thousands of dollars in unclaimed funds, in a case that could help clarify how bankrupt entities recover unclaimed funds in the future, Reuters reported today. Development Specialists Inc. (DSI), the administrator of Coudert's chapter 11 estate, says that it has the right under federal bankruptcy laws to claim money being held on the firm's behalf in so-called "escheat" funds managed by state governments. In a lawsuit filed on Feb. 27 in bankruptcy, DSI asked a judge to order finance leaders in California, New York, Ohio, Colorado, Texas, Pennsylvania and Washington, D.C., to turn over Coudert's escheat funds. According to the complaint, California Controller John Chiang has "repeatedly refused" to release unclaimed property on grounds that only a bankruptcy debtor itself—not the administrator of the entity's estate—may claim such funds. DSI says that policy clashes with federal bankruptcy laws and the U.S. Constitution's supremacy clause.