Local Rule 3011-1: Unclaimed Funds

Rule 3011-1 Unclaimed Funds A. Request for Unclaimed Funds. A request for the release of unclaimed funds based upon the category of the claimant, pursuant to 28 U.S.C. § 2042, shall be made by filing a petition and proposed order, in substantial compliance with Local Bankruptcy Form G, along with a notice to the United States Attorney, and verification of the right to the funds.

B. Requirement for general categories of claimants.

A party requesting release of unclaimed funds, must determine from the categories of claimants below, and provide the required information as stated:

(1) An Owner of Record - the person shown in the court's records as the owner of the funds. a. Verified petition with notarized signature and completed certificate of service showing notice to the U.S. Attorney pursuant to 28 U.S.C. § 2042; b. A photocopy of photo identification, such as driver's license or passport of the party entitled to the funds; c. IRS Form W-9 Request for Taxpayer Identification Number and Certification (owner of record's Social Security Number or Tax Identification Number); and, d. Proposed Order Directing Payment of Unclaimed Funds

(2) Successor Claimants – Included but not limited to: business successors, decedent's estates, assignees, or judgment creditors, who have direct claims to the funds but are not the owners of record. a. Corporate Claims: i. Verified petition with notarized signature and completed certificate of service showing notice to the U.S. Attorney pursuant to 28 U.S.C. § 2042; ii. A photocopy of photo identification, such as driver's license or passport of the party entitled to the funds; iii. IRS Form W-9 Request for Taxpayer Identification Number and Certification (owner of record's Social Security Number or Tax Identification Number); iv. A corporate power of attorney signed by a corporate officer; v. A corporate seal; vi. A statement of the signing officer's authority; vii. Documentation establishing chain of ownership of the original corporate claimant; and, viii. Proposed Order Directing Payment of Unclaimed Funds b. Purchased or Assigned Claims: i. Verified petition with notarized signature and completed certificate of service showing notice to the U.S. Attorney pursuant to 28 U.S.C. § 2042; ii. A photocopy of photo identification, such as driver's license or passport of the party entitled to the funds; iii. IRS Form W-9 Request for Taxpayer Identification Number and Certification (owner of record's Social Security Number or Tax Identification Number); iv. Documentation evidencing the transfer of claim or proof of the purchase/sale of assets; and, v. Proposed Order Directing Payment of Unclaimed Funds c. Decedent's Estate (administrator, executor, representative): i. Verified petition with notarized signature and completed certificate of service showing notice to the U.S. Attorney pursuant to 28 U.S.C. § 2042; ii. A photocopy of photo identification, such as driver's license or passport of the party entitled to the funds; iii. IRS Form W-9 Request for Taxpayer Identification Number and Certification (owner of record's Social Security Number or Tax Identification Number); iv. Certified copies of probate documents (letters of administration or probated will) establishing the representative's right to act on behalf of the decedent's estate; v. Certified copy of the decedent's death certificate; and, vi. Proposed Order Directing Payment of Unclaimed Funds

(3) Representative Claimants – fund locators who act on behalf of owners of record or successor claimants. a. Verified petition with notarized signature and completed certificate of service showing notice to the U.S. Attorney pursuant to 28 U.S.C. § 2042; b. A photocopy of photo identification, such as driver's license or passport of the party entitled to the funds; c. IRS Form W-9 Request for Taxpayer Identification Number and Certification (owner of record's Social Security Number or Tax Identification Number); d. A notarized, original power of attorney signed by the claimant on whose behalf the locator is acting; and, e. Proposed Order Directing Payment of Unclaimed Funds C. Issuance of check. The issuance of a check solely to a fund locator, even if a power of attorney authorizes it, is prohibited. If the owner of record is not the claimant, the clerk shall issue the check payable to the owner of record but will mail the payment to the claimant.

D. Mailing Addresses:

(1) Claimant shall submit an original Verified Petition for Payment of Unclaimed Funds with an attached Certificate of Service, IRS Form W-9 Request for Taxpayer Identification Number and Certification, Proposed Unsigned Order, and requested documents for the chosen category, to the court at the following address:

United States Bankruptcy Court District of Wyoming Attn: Financial Department 2120 Capitol Avenue, 6th Floor Cheyenne, WY 82001

(2) Claimants must serve a copy of all documents to the United States Attorney at the following address:

Civil Chief United States Attorney's Office District of Wyoming P.O. Box 668 Cheyenne, WY 82003