Unclaimed Funds

PROCEDURAL REQUIREMENTS FOR THE PAYMENT OF PREVIOUSLY UNCLAIMED FUNDS

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A. Procedures Applicable to All Claimants
  1. An application for payment of unclaimed funds must be in the form of a Motion to Withdraw Money Under 28 U.S.C. §2042.
  2. The motion must be filed either by an individual, acting pro se, or by a licensed attorney-at-law, acting on behalf of an individual or corporation. Motions may not be filed by, and payment will not be issued to, non-attorney locators on behalf of their clients, even if the clients provide a power of attorney to the locator.
  3. All motions are heard in front of Bankruptcy Judge Bruce W. Black or in his absence, the Bankruptcy Judge hearing his matters. Motions filed by attorneys must be filed electronically using the CM/ECF system. Pro Se applicants may file the motion with the clerk’s office at 219 South Dearborn Street, Room 713, Chicago, IL 60604. The motion must be certified as correct by the claimant/attorney and submitted in accordance with the motion practice adopted by the Court and these procedural requirements. The hearing date on the motion must be set at least 10 business days from the date of mailing of the notice, motion and proposed order to the parties identified in Step 4. Motions must be scheduled at 10:00 a.m., on Wednesday before Judge Black, on a day when he is sitting. See website for not sitting days.
  4. Service of the notice of hearing and motion must be made to the Chief, Civil Division, U.S. Attorney’s Office, 219 South Dearborn Street, Chicago, IL 60604; to Financial Administrator, U.S. Bankruptcy Court, 219 South Dearborn Street, Chicago, IL 60604; to the trustee assigned to the case at issue; and to the United States Trustee for the Northern District of Illinois.
  5. Suggested forms of Notice of Motion, Motion, Order, Statement of Social Security or Employee Identification Number, Vendor Information/TIN Certification (AO 213) and Waiver of Appearance (pro se filer) are available under “Forms and Orders” on the court’s website at www.ilnb.uscourts.gov and through the Clerk’s office.
     
B. Individual Claimants Acting on Their Own Behalf (Pro Se)
  1. Individuals, appearing pro se, must file the following:
  1. Notice of Motion
  2. Motion to Withdraw Money Under 28 U.S.C. §2042
  3. Order – making certain to indicate the address to which payment is to be mailed
  4. Statement of Social Security Number or Employee Identification Number
  5. Vendor Information/TIN Certification (AO 213)
  6. A copy of their government issued photo identification card
  7. A copy of their Social Security Card
  8. Waiver of Appearance form, if applicable (see bullet 4 below)
  2. The original completed Vendor Information/TIN Certification (AO 213), with original signature, must be mailed to the Financial Administrator, U.S. Bankruptcy Court, 219 South Dearborn Street, Chicago, IL 60604.
  3. The individual movant is to appear on the date the motion is to be heard to see whether any objections to the request for withdrawal or hearing are presented.
  4. If an individual movant, acting pro se, has filed a waiver of appearance, has complied with all other requirements as set forth herein, and the funds are available, the Court may waive the individual movant’s appearance and enter the appropriate order. If the fiscal officer reports that that there are no funds available, the motion will be denied. If an objection or request for hearing is made, the individual movant will be advised of who made the objection or requested the hearing and the next Court date and time.
  5. The motion and order must contain only the last four digits of the claimant’s social security number or EIN. Any document containing personal identification numbers, such as contained on a driver’s license, birth certificate, or social security card, will be filed as a secured document with the personal identification numbers protected from public access.
     
C. Claimants Represented by Counsel
  1. Counsel for Claimants must file the following:
  1. Notice of Motion
  2. Motion to Withdraw Money Under 28 U.S.C. §2042
  3. Order – making certain to indicate the address to which payment is to be mailed
  4. Statement of Social Security Number or Employee Identification Number
  5. Vendor Information/TIN Certification (AO 213)
  2. The original completed Vendor Information/TIN Certification, with original signature, must be mailed to the Financial Administrator, U.S. Bankruptcy Court, 219 South Dearborn Street, Chicago, IL 60604.
  3. Counsel for the movant is to appear on the date the motion is to be heard to see whether any objections to the request to withdraw or hearing are presented.
  4. If the fiscal officer reports that there are no funds available, the motion will be denied.

Last Updated 08/29/2014