Unclaimed Fund Procedures
 

All unclaimed funds paid into the court pursuant to 11 U.S.C. 347(a) shall be deposited into the United States Treasury. To search for Unclaimed Funds or print the Unclaimed Funds Report, click here

The release of these funds will require the following:

  1. Submit a Motion to Withdraw Monies, along with a proposed order (click here for example) to the Clerk of the United States Bankruptcy Court, Western District of Kentucky, 601 West Broadway, Louisville KY 40202 which includes:

    a. the name, address, telephone number and a brief history of the creditor who originally filed the proof of claim; in the history, include information from the filing of the claim to present, and reflect possible reasons for the funds not being deliverable at the time of the original distribution;

    b. whether the claim has been assigned to the claimant/filer, and, if so, attach to the motion copies of all documents evidencing the assignment; and

    c. whether or not the claimant/filer believes that any other party may be entitled to the unclaimed funds.

  2. Serve the motion upon the United States Attorney for the Western District of Kentucky, 717 West Broadway, Louisville, KY 40202, and attach a certificate of service with the motion for filing.

  3. Prove the claimants identity through at least one of the following methods:

    a. An individual, appearing personally before the Clerk of this Court or the Clerk's designee, shall provide, along with the Motion to Withdraw Moneys, documentation evidencing identity, such as a birth certificate, unexpired passport, valid driver's license, or original social security card.

    b. An individual, not appearing personally before the clerk of this Court or the Clerk's designee, shall file with the Motion to Withdraw Moneys an affidavit with the certificate of a notary public. Such affidavit shall bear the seal of the notary, and indicate that the notary has examined the motion and documents presented by the claimant/filer to establish identity. Copies of any documents used to establish identity, such as a birth certificate, unexpired passport, valid driver's license, or original social security card, shall be attached to the affidavit.

    c. A corporate representative appearing for the corporation shall attach to the motion an affidavit of the Chief Executive Officer that such representative is a duly authorized representative of the corporation. If the creditor/claimant is a successor corporation, documents establishing the chain of ownership of the original corporate claimant shall be provided as proof of entitlement to the unclaimed funds being held.

    If applicable, proof of sale of the company, new and prior owners, and a copy of the terms of any purchase agreement or stipulation by prior and new owners of right of ownership to the unclaimed funds must be provided. Copies of all documents evidencing assignment must be appended to the motion.

    d. The claimant is represented by an attorney duly admitted to practice law in this District.

    e. A representative of a deceased creditor/claimant shall provide certified copies of all probate documents to substantiate the representative's right to act on behalf of the decedent's estate.

    f. Additional proof of identity or entitlement to funds may be requested, if required, on a case by case basis.

  4. Any payment made to a claimant represented by an attorney will be issued jointly to claimant and the attorney, and will be mailed to the attorney.

  5. For the purpose of filing a request to recover unclaimed funds, a corporation can make the request on a pro se basis.

  6. Unless represented by an attorney duly admitted to practice law in this District, locator services shall not file requests on behalf of creditors.
     

This page was last edited on 11/21/2014 at 09:54 AM .