That suit was brought by Omega as assignee of Juan Intriago and Luciana Santana. A “possessory interest” is defined as a “right to exert control over” or a “right to possess” property “to the exclusion of others.” In re Cruseturner, 8 B. Omega does not establish that it was a party to any escrow agreement (or other agreement) with the Debtors that required the Debtors to hold any sum of money on its behalf, nor does it establish any other claim of right to this non-debtor property.
The second judgment was rendered on July 17, 2009 in the amount of $217,736.01 and was the result of Omega suing Conti Financial as assignee of Mitch Cash. As such, the right to payment would be against the Debtors and would not establish a right to payment against non-debtor property.
 Movant filed its motion seeking release of the funds held by the Clerk of the Court on March 4, 2010. Even if the Judgments were considered to create some post-confirmation right against the Debtors, such claim would not be a claim that could be satisfied by non-debtor property being held for the benefit of those who are able to establish a valid claim of right to the property.
The former amount represented unclaimed distributions and dividends owed to known beneficiaries.
OPINION AND ORDER DENYING OMEGA CONSULTING’S MOTION TO RELEASE FUNDS HELD BY CLERK OF THE COURT ARTHUR J. On July 10, 2008, the Liquidating Trustee of the Conti Financial Liquidating Trust in the above-captioned matter forwarded to the United States Bankruptcy Court two checks, one in the amount of $307,768.62, and the other in the amount of $503,295.07.
Movant, Eric Dangerfield d/b/a Omega Consulting (“Omega”), seeks access to the $503,295.07 that belongs to unknown parties and is currently being held by the Clerk of the Court.