Payment of Unclaimed Funds

Rev. 12/01/19

APPLICATION FOR PAYMENT OF 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 corporate or other business entities, the petition should include sworn affidavits from an officer or agent authorizing the funds locator to retrieve unclaimed funds.  Funds locators must provide proof of their representation for either individual, corporate or other business entities.

Instructions to file an application for payment of unclaimed funds 

Application for payment of unclaimed funds 

Search the court's unclaimed funds registry

Codes, Rules and Forms:
 

Bankruptcy Code:

28 U.S.C. § 2042

Bankruptcy Rule:

 None 

Local Rule:

None

Local  Form:

Petition for Unclaimed Funds

 

CM/ECF Event(s):

Miscellaneous, Supporting Documents to the Application for Payment of Unclaimed Funds
Motions/Applications, Payment of Unclaimed Funds