Local Rule LBR 3011-1: Unclaimed Funds
Bankr. D.P.R. — General rule
Rule 3011-1 Unclaimed Funds
(a) Procedure for Deposit of Unclaimed Funds. All unclaimed funds collected by the court shall be immediately deposited into United States Treasury accounts in accordance with applicable Guide to Judiciary Policy.
(b) Procedure for Payment of Unclaimed Funds.
(1) The clerk may not disburse unclaimed funds without a court order.
(2) The following documentation is required in order to obtain a court order for disbursement of unclaimed funds:
(A) Requirements for individuals. A motion to withdraw unclaimed funds shall be in the form of LBF B. Claimant must submit a photocopy of a valid photo identification, such as a driver's license or passport. The motion shall include the last four (4) digits of the claimant's social security number.
(B) Requirements for corporations. The corporation must be represented by a member of the bar of this court. In addition, if the claimant is a successor corporation, claimant shall provide documents establishing the chain of succession of the original corporate claimant as proof of entitlement to the funds. The motion shall also include the tax identification number.
(C) Requirements for the representative. The representative of the estate of a deceased claimant must comply with paragraph (A) above. Certified copies of all probate documents to substantiate the representative's right to act on behalf of the decedent's estate must be provided as proof of entitlement.
(D) Funds locators. The claimant must comply with paragraph (A) or (B) above. In addition, the claimant shall provide documentation establishing their authorization to act on behalf of claimant.
(3) Service of the Motion. A motion to withdraw unclaimed funds shall be filed and served on the debtor, debtor's attorney, the trustee, the United States trustee, the United States Attorney for the District of Puerto Rico, and the creditor or payee, if not claimant, for whom the funds were deposited.
(4) Multiple Claims. Claimants requesting to withdraw unclaimed funds in multiple cases assigned to the same judge, shall file one consolidated motion in each case containing all of the requests up to a maximum of ten (10) cases. The motion shall contain the name of the debtor(s), the case number(s), and the amount requested for each case, in addition to the other requirements of this LBR.