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, 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 by Bankruptcy Judge A. Benjamin Goldgar or in his absence, the bankruptcy judge hearing his matters. Motions filed by attorneys must be filed electronically using the CM/ECF system. A pro se applicant may file the motion with the clerk’s office at 219 South Dearborn Street, Room 710, Chicago, IL 60604. The motion must be certified as correct by the claimant/attorney and submitted in accordance with the court's Local Rules 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 noticed for presentment before Judge Goldgar at 9:30 a.m. on a Monday when he is sitting. See website for days not sitting.

 

4.

The notice of motion and motion must be served on the Chief, Civil Division, U.S. Attorney’s Office, 219 South Dearborn Street, Chicago, IL 60604; Financial Administrator, U.S. Bankruptcy Court, 219 South Dearborn Street, Chicago, IL 60604; the trustee assigned to the case; and the United States Trustee.

 

5.

Suggested forms of Notice of Motion, Motion, Order, Statement of Social Security or Employee Identification Number, Vendor Information/TIN Certification (AO 213) and Request for Taxpayer Identification Number and Certification (W-9) are available under “Forms and Orders” on the court’s website at www.ilnb.uscourts.gov and through the Clerk’s office.
NOTE: See sections below to determine whether a Request for Taxpayer Identification Number and Certification (W-9) is required.

 

 

 

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

 

2.

The 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.

If an individual movant, acting pro se, 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 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.

 

4.

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 Attorneys

 

1.

Attorneys 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 (must be filed as a separate entry using the Statement About Social Security Numbers docket event)
  5. Vendor Information/TIN Certification (AO 213)
  6. Request for Taxpayer Identification Number and Certification (W-9)
    NOTE: Only required if the claimant is NOT an individual.

 

2.

The completed Vendor Information/TIN Certification (AO 213) and Request for Taxpayer Identification Number and Certification (W-9), with original signature, must be mailed to the Financial Administrator, U.S. Bankruptcy Court, 219 South Dearborn Street, Chicago, IL 60604. Do NOT file the AO 213 and W-9 in CM/ECF.

 

3.

The attorney for the movant must appear on the date the motion is to be heard to see whether any party in interest objects to the request to withdraw.

 

4.

If the fiscal officer reports no funds are available, the motion will be denied.
 
     
Last Updated 09/30/2019