WITHDRAWAL OF UNCLAIMED FUNDS
Pursuant to 28 U.S.C. 2042, any claimant entitled to any unclaimed funds held by the court may, on petition to the court and upon notice to the United States Attorney and full proof of right thereto, obtain an order directing payment.
INTRODUCTION
Bankruptcy Rule 3011 sets forth the requirement for all trustees to deposit unclaimed funds with the clerk’s office. Funds are deposited with a “Notice of Deposit of Funds with the U.S. Bankruptcy Court Clerk” (LF-26), which identifies each Owner of Record’s name and address (entity entitled to payment from any remaining property of the estate), as well as the amount due.
Where TO OBTAIN ALL Forms and OFFICIAL Instructions
Official Form 1340, “Application for Payment of Unclaimed Funds,” AND the official form’s instructions, “Instructions for Filing Applications for Payment of Unclaimed Funds”:
Local form “Certificate of Service of Applications for Payment of Unclaimed Funds" (LF-46UF):
Payee Information and TIN Certification, form AO 213P (required to issue payment):
Issuance of Payment
As set forth in local form “Order Approving Application for Payment of Unclaimed Funds” (LF-29), the Clerk will disburse funds not earlier than 14 days after entry of an order.
If a check is to be issued for an application submitted by an attorney or “funds locator,” it will be payable to the person on whose behalf the application was submitted and to the attorney or “funds locator.” This will ensure that the person on whose behalf the application was submitted is aware that a check has been issued to the applicant.
If the application is signed by an individual on behalf of a non-individual entity, the check will be issued in the non-individual entity’s name (i.e. company name). If the court approves an application for funds deposited in a joint debtor case, the check will be issued in the name of both debtor applicants unless the court determines that the funds are payable to only one of the joint debtors.
A domestic claimant who is an individual must use either AO-2013P or W-9 certification form to receive payment via Electronic Funds Transfer (EFT). A foreign claimant must use a W-8 certification form accompanied by an AO-215 form. Links to these forms are in the official instructions.