Local Rule LBR 3011-1: Unclaimed Funds

LBR 3011-1. Unclaimed Funds

(a) Form of Application. A party seeking a disbursement of unclaimed funds that have been deposited with the clerk must file an application substantially conforming to the local form (Application for Unclaimed Funds). The application and supporting documentation must be submitted on paper for filing with the court.

(b) Supporting Documentation.

(1) Application by Owner of Record (Original Payee). The person to whom the unclaimed funds were payable according to the court's records when they were deposited with the clerk is the "Owner of Record". The party filing the application is the "applicant".

(A) Individual Owner of Record. If the applicant is an individual who is the Owner of Record and whose name has changed since the funds were deposited with the court, the applicant must submit documentation of the name change.

(B) Non-Individual Owner of Record. If the applicant is a corporation, partnership, limited liability company, or other business or governmental entity that is the Owner of Record, the applicant must submit documentation showing that the individual signing the application has authority to do so on behalf of the applicant, such as articles of incorporation, board meeting minutes, or other documentation.

(2) Application by Successor to Owner of Record.

(A) Successor to Individual Owner of Record.

(i) Assignment. If the applicant is the assignee of an Owner of Record, the applicant must submit a copy of the assignment containing the notarized signature of the assignor.

(ii) Deceased Owner's Estate. If the applicant is a personal representative of a deceased Owner of Record's estate, the applicant must submit a certified copy of a letter of administration or other document authorizing the representative to file the application on behalf of the decedent's estate.

(B) Successor to Non-Individual Owner of Record. If the applicant is a successor in interest to a corporation, partnership, limited liability company, or other business or governmental entity that is the Owner of Record, the applicant must submit documentation of the transfer, assignment, purchase, merger, acquisition, or succession by other means, together with documentation showing authority for the signing representative to file the application on behalf of the applicant.

(C) Signatures. In addition to the notarized signatures required on the application form, the individual signing the application must provide a copy of a valid photo identification issued by a government agency, such as a driver's license or a passport.

(D) Taxpayer Information. The applicant must provide a W-9 or alternate form that provides the applicant's taxpayer information.

(E) Privacy Protection. The clerk shall file under seal the supporting documentation to restrict public access to any personally identifiable information protected by statute, regulation, or rule.

(c) Competing Applications. If there are competing applications for the same unclaimed funds, the court will usually make payment to the Owner of Record rather than to an applicant who claims to be a successor in interest or representative of the Owner of Record. If more than one applicant claims to be the Owner of Record's legal representative, the earliest application generally will be given priority. The court may request further documentation or schedule a hearing in these situations.

(d) Service on United States Attorney. The applicant must serve a copy of the application on the Office of the United States Attorney, District of Hawaii, and must file a signed certificate of service showing that the application with any supporting documentation was served on the United States Attorney. The certificate should also include any other parties served.