Local Rule 3011–1: UNCLAIMED FUNDS

3011–1 UNCLAIMED FUNDS

(a) Deposit of Unclaimed Funds by Clerk of Courts. Unless otherwise ordered by the court, the clerk shall deposit unclaimed funds into a registry account designated by the United States Treasurer.

(b) General Requirements for Requesting Unclaimed Funds. A request for unclaimed funds must be made by motion and served on the debtor, debtor's attorney, the trustee, the United States trustee, and the United States attorney in accordance with 28 U.S.C. § 2042.

(c) Contents of Motion. The motion must provide proof of the right to the funds including: the full name and address of the claimant, the amount due, and, if the claim was assigned, supporting documentation such as an affidavit and power of attorney. Parties requesting unclaimed funds are urged to use the form motion that is located on the court's website at www.ohsb.uscourts.gov.

(d) Required Document Accompanying Motion. The claimant must complete and submit to the court an IRS Form W-9, Request for Taxpayer Identification Number and Certification, containing the full social security number or tax identification number of the owner of the funds (not the legal representative or the funds locator). The form must be filed separately from the motion. The form must be filed electronically using the "Request for Taxpayer Identification Number" ECF System event. More detailed instructions may be found at www.ohsb.uscourts.gov.

(e) Legal Representatives and Funds Locators. When an entity other than the original claimant or assignee files a motion for unclaimed funds, the motion must include the following additional requirements, where applicable, to establish the right to payment of the unclaimed funds: proper authority by the claimant requesting release of the funds, letter of administration or probated will, and/or corporate documents showing proof of ownership of the funds through amendment, merger or dissolution.