When checks disbursed by bankruptcy trustees to creditors are not cashed, the trustee deposits the funds with the court until such time that the rightful creditor or the creditor's successor in interest applies for release of the previously unclaimed funds. The Unclaimed Funds Locator provides a search engine to find unclaimed funds by court, creditor name, debtor name, case number, and date restrictions.
FORM OF APPLICATION
A party seeking a disbursement of unclaimed funds that have been deposited with the clerk must file an application that substantially conforms to the local form Application for Payment of Unclaimed Funds.
PROOF OF ENTITLEMENT
- Application by Claimant
- Individual Claimant. An application by a claimant who is an individual must be accompanied by a valid photo identification issued by a government agency, such as a driver’s license or a passport.
- Artificial Entity. An application by a claimant that is a corporation, partnership, limited liability company, or other artificial entity must be accompanied by documentation showing authority to make the application, such as articles of incorporation, board meeting minutes, or other documentation.
- Application by Legal Representative
- An application by a claimant’s legal representative, including a funds locator, must be accompanied by an original, notarized power of attorney that clearly authorizes the representative to act on behalf of the claimant. If the claimant is deceased, an application must be accompanied by a certified copy of a letter of administration, probated will, or other document that clearly authorizes the representative to file the application on behalf of the claimant’s estate.
- Application by Successor in Interest
- An application by a party asserted to be the successor in interest to the original claimant must be accompanied by documentation that clearly establishes a right to payment of the unclaimed funds.
- The application must state the claimant’s address at the time the claim was made and provide either documentation identifying the claimant as having resided or conducted business at that address at the time, or a declaration to that effect.
- Supporting Documentation
- The documentation supporting the application must include the claimant’s tax identification number. (See detailed instructions for more information about taxpayer ID forms and other required documentation.) If filing the application electronically in CM/ECF, make sure to upload the supporting documents separately by selecting Miscellaneous > Unclaimed Funds Supporting Documentation so that public access to protected information, such as Social Security Number, is restricted.
APPLICATION AND SUPPORTING DOCUMENTATION
- Mail the originally signed application and supporting documentation to the United States Bankruptcy Court.
SERVICE ON UNITED STATES ATTORNEY
- A copy of the application for unclaimed funds must be sent to the Office of the United States Attorney, District of Hawaii. The application form includes a certificate to show service on the U.S. Attorney.
- If there are competing applications for the same unclaimed funds, payment will be made to the original claimant over a representative asserting to be the claimant’s legal representative. If there is more than one party claiming to be the claimant’s legal representative, the earliest application will be given priority, unless the court orders otherwise.
- If the application is made by the claimant’s legal representative, the clerk will make the check payable to the claimant but will send the payment to the applicant’s address.
DETAILED INSTRUCTIONS available here.