Release Unclaimed Funds from Court Registry (Motion/Application)

Rev. 1/28/2019

 

11 U.S.C. § 347(a)

28 U.S.C. § 2042

 

 

 

Any claimant entitled to unclaimed funds may file a request with the Clerk to release the funds, provided the claimant provides sufficient proof the requestor is the rightful owner.

 

The claimant must serve a copy of the motion upon the U. S. Attorney for the Southern District of Mississippi.  See 28 U.S.C. § 2042

 

Click here regarding funds related to an Interpleader Action under 28 U.S.C. § 1335.

 

Click here regarding funds that are not Unclaimed Funds or funds related to an Interpleader Action.  See Fed. R. Bank. P. 3011  and 11. U.S.C. § 347.

 

Non ECF Filers must submit file the application and supporting documents, in paper, with the Clerk's office.

 

See: Opinion by Senior US District Judge Neal B. Biggers, Jr.  In Re: 2:2008-cv-00039 American Express Centurion Bank Appellant v. Jessie Wayne Hendrix, Patsy Louise Hendrix et. al. Appellees

 

 

Requirements:

 

KMS Cases

NPO Cases

Application/Motion with Certificate of Service

Application/Motion with Certificate of Service

Proposed Order

Proposed Order

Supporting Documentation*

Supporting Documentation*

 

*The filer must file the supporting documentation separate from the application using a specific docket event.

 

Step 1 - File Application/Motion and Proposed Order


Docket Event:

 

[Bankruptcy> Motions/Applications> Release Funds from Court Registry]

 


Step 2 - File Supporting Documentation


Docket Event:

 

[Bankruptcy> Other> Supporting Documents Re Unclaimed Funds (Document Restricted)]

 

Note: Relate the supporting documentation to the application/motion.  

 

Owners of Record: the owner of the funds according to the court records.

 

To verify the claimant's identity as owner of record, the claimant must provide:
 

  • A notarized signature of the claimant;

  • The name, address and telephone number of the claimant;

  • The social security or tax identification number of the claimant (A legible copy of a social security card or an IRS W-9 form (Request for Taxpayer Identification Number and Certification) executed by the claimant);

  • Legible photo ID (Current drivers license or other government issued identification);

  • Any additional information that the court requires.

 

Note: When the claimant's name is different than the owner of the funds provided on the trustee's transmittal documentation, the claimant must provide documentation supporting the different name.   i.e. copy of former drivers  license with former last name and address and a copy of a current drivers license with the current name and address.

 

Successor Claimants: successor businesses, decedent's estates, assignees, judgment creditors, etc., who now have direct claims to the funds but are not the owners of record

 

  • Successor Businesses

  • Proof of identity of the owner of record;
  • A notarized power of attorney signed by an officer of the successor business;
  • A statement of the signing officer's authority; and
  • Documentation establishing chain of ownership from the original business claimant.

 

  • Transferred Claims

  • Proof of identity of the owner of record;

  • Proof of identity of the successor claimant; and

  • Documentation evidencing the transfer of claim.

 

  • Decedent's Estate  (i.e., Administrator, Executor, Representative)

  • Proof of identity of the owner of record;

  • Proof of personal identity of the estate administrator; and

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

 

  • Claimant Representative

  • Proof of identity of the owner of record;

  • An original notarized power of attorney signed by the claimant on whose behalf the representative is acting;

  • Proof of identity of the representative; and

  • Documentation sufficient to establish the claimant's entitlement to the funds.