BANKRUPTCY RULE 3011-1

PAYMENT OF UNCLAIMED FUNDS

 

A claimant may seek payment of unclaimed funds by following these guidelines:

(A)    The claimant shall file a motion and notice for payment of funds including proof of the right to the funds, certificate of service showing service on the United States Attorney and a proposed order.

(B)     Examples of the type of information required to prove a claimant's right to payment:

(1)           Owners of Record (the person shown in the court's record)

(a)            a notarized signature of the claimant;

(b)            the name, address and telephone number of the claimant; and

(c)            the social security number (last 4 digits) or tax identification number of the claimant.

(2)           Successor Claimants

(a)            Successor Businesses

1.                proof of identify of the owner of record;

2.                a notarized power of attorney signed by an officer of the successor business;

3.                a statement of the signing officer's authority; and

4.                documentation establishing chain of ownership from the original business claimant.

(b)            Transferred Claims

1.                proof of identify of the owner of record;

2.                proof of identify of the successor claimant; and

3.                documentation evidencing the transfer of claim.

(c)            Decedent's Estate (Administrator, Executor, Representative)

1.                proof of identify of the owner of record;

2.                proof of personal identity of the estate administrator; and

3.                certified copies of probate documents establishing the representative's right to act on behalf of the decedent's estate.

(3)           Claimant Representatives (i.e., funds locators)

(a)            proof of identify of the owner of record;

(b)            a notarized, original power of attorney signed by the claimant on whose behalf the representative is acting;

(c)            proof of identify of the representative; and

(d)            documentation sufficient to establish the claimant's entitlement to the funds.

(C)    If no objections are received within 14 days after service of the motion, an order may be entered granting the requested payment of funds.

Additional guidance on payment of unclaimed funds is available in the ECF User's Manual.