Petition for Unclaimed Funds

Rev. 12/05/14

PETITION FOR UNCLAIMED FUNDS

 

Overview:

 

In bankruptcy cases with assets the trustee pays out monies from the liquidation of assets to creditors who have filed claims in a particular case.  Sometimes the money paid out by the trustee, always issued as a check, is returned as undeliverable or the check is not cashed within 90 days.  The trustee is required to deposit those funds with the court as unclaimed.  A person/entity entitled to those funds must show proof of ownership of such funds by filing a petition for unclaimed funds or a motion/application for unclaimed funds. Two types of petitions are typically filed, either by the owner or by a funds locator. In either instance proof of ownership must be presented.  For individuals, copy of a photo driver's license, social security number and notarized signature are presented.  For funds locator requests, many of which are representing corporate or other business entities, the petition should include sworn affidavits from an officer or agent authorizing the funds locator to retrieve unclaimed funds.    

 

Codes, Rules and Forms:
 
Bankruptcy Code:
Bankruptcy Rule:
None
Local Rule:
None
Local Form:

 

CM/ECF Event(s):

Motions/Applications, Petition for Unclaimed Funds

 

I.          Noticing:

None