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Unclaimed Funds Instructions

      Unclaimed funds are held by the court for an individual or entity who is entitled to the money but who has failed to claim ownership. The United States courts, as custodians of such funds, have established policies and procedures for holding, safeguarding, and accounting for the funds.

I.  Searching Unclaimed Funds

      To search unclaimed funds, use the Unclaimed Funds Search. Select ILNB, Northern District of Illinois from the dropdown list and enter the applicable search criteria. If you need access to a computer to perform the search, you may use the court’s public computer terminal(s) located at 219 S Dearborn St, Room 710, Chicago, IL 60404 or 327 South Church St, Rockford, IL 61101. You may also contact the Clerk’s office at 312-408-5000 to verify unclaimed funds balances.

II. Requesting Payment of Unclaimed Funds

       A party seeking payment of unclaimed funds must complete, file, and present for hearing an Application for Payment of Unclaimed Funds and the related forms: a notice of motion and certificate of service, a proposed order, and supporting documentation for the application. Fillable versions of most of these forms are available here.

A.  Application for Payment of Unclaimed Funds

      A party seeking payment of unclaimed funds must file an Application for Payment of Unclaimed Funds using Form 1340. For purposes of this procedure, the “Applicant” is the party filing the application, and the “Claimant” is the party entitled to the unclaimed funds. The Applicant and Claimant may be the same.

B.  Supporting Documentation

     1. Payee Information

     Funds are payable to the Claimant. In conjunction with the Application for Payment of Unclaimed Funds, the Claimant’s tax identification number (TIN) must be provided to the court on a certification form signed by the Claimant to whom funds are being distributed.

a. Domestic Claimant

     A Claimant who is a U.S. person[1] must use the AO 213P form. A business must also file the W-9 certification form (accessible by searching on the IRS website at: https://www.irs.gov). NOTE: Completed AO 213P and W-9 forms, with original signatures, must be mailed to:

Financial Administrator
U.S. Bankruptcy Court
219 S. Dearborn Street
Chicago, IL 60604

Do NOT file the AO 213P and W-9 in CM/ECF.
AO 213P should have Part 6 completed for EFT.

b. Foreign Claimant

     A foreign Claimant must use a W-8 certification form (accessible by searching on the IRS website at: https://www.irs.gov) accompanied by the AO 215 form.

     2. Additional Supporting Documentation

     Requirements for additional supporting documentation depend on the type of Claimant and whether the Claimant is represented. Please read the instructions below to determine what must accompany your Application for Payment of Unclaimed Funds.

     Documentation must be provided to the court sufficient to establish the Claimant’s identity and entitlement to the funds. Proof of identity must be provided in unredacted form with a current address. If there are joint Claimants, supporting documentation must be provided for both Claimants.

a. Owner of Record

     The Owner of Record is the original payee entitled to the funds appearing on the records of the court. If the Claimant is the Owner of Record, the following documentation is required:

i. Owner of Record—Individual

a. Proof of identity of the Owner of Record (e.g., unredacted copy of front and back of driver’s license, and front and back of other state-issued identification card, or U.S. passport that includes current address); and

b. A notarized signature of the Owner of Record (part of the application).

ii. Owner of Record—Business or Government Entity

a. Application must be signed by an authorized representative on behalf of the business or government entity;

b. A notarized statement of the signing representative’s authority (part of the application); and

c. Proof of identity of the signing representative (e.g., unredacted copy of front and back of driver’s license, and front and back of other state-issued identification card, or U.S. passport that includes current address).

     If the Owner of the Record’s name has changed since the funds have been deposited with the court, then proof of the name change must be provided.

b. Successor Claimant

     A successor Claimant may be entitled to the unclaimed funds as a result of assignment, purchase, merger, acquisition, succession, or other means. If the Claimant is a successor to the original Owner of Record, the following documentation is required:

i. Successor Claimant—Individual

a. Proof of identity of the successor Claimant (e.g., unredacted copy of front and back of driver’s license, and front and back of other state-issued identification card, or U.S. passport that includes current address);

b. A notarized signature of the successor Claimant (part of the application); and

c. Documentation sufficient to establish chain of ownership or the transfer of claim from the original Owner of Record.

ii. Successor Claimant—Business or Government Entity

a. Application must be signed by an authorized representative on behalf of the successor entity;

b. A notarized statement of the signing representative’s authority (part of the application);

c. A notarized power of attorney signed by an authorized representative of the successor entity;

d. Proof of identity of the signing representative (e.g., unredacted copy of front and back of driver’s license, and front and back of other state-issued identification card, or U.S. passport that includes current address); and

e. Documentation sufficient to establish chain of ownership or the transfer of claim from the original Owner of Record.

iii. Deceased Claimant's Estate

a. Proof of identity of the estate representative (e.g., unredacted copy of front and back of driver’s license, and front and back of other state-issued identification card, or U.S. passport that includes current address);

b. Certified copies of probate documents or other documents authorizing the representative to act on behalf of the decedent or decedent’s estate in accordance with applicable state law (e.g., small estate affidavit); and

c. Documentation sufficient to establish the deceased Claimant’s identity and entitlement to the funds.

c. Claimant Representative

     If the Applicant is Claimant’s attorney or other representative, the following documentation is required:

a. Proof of identity of the representative (e.g., unredacted copy of front and back of driver’s license, and front and back of other state-issued identification card, or U.S. passport that includes current address);

b. A notarized power of attorney signed by the Claimant (or Claimant’s authorized representative) on whose behalf the representative is acting; and

c. Documentation sufficient to establish the Claimant’s identity and entitlement to the funds, as set forth above.

C. Notice of Motion and Certificate of Service

    All parties filing Applications for Payment of Unclaimed Funds for presentment to the chief judge must use the notice of motion and certificate of service form (U-1a) on the court’s web site.

D. Proposed Order

     The Applicant must attach a completed proposed order to the Application. The fillable form order is located here.

E. Filing and Noticing the Application for Hearing

     The notice of motion, Application, supporting documentation, and proposed order must be filed in CM/ECF by registered users or mailed by pro se claimants to the court at the following address:

U.S. Bankruptcy Court
Northern District of Illinois
219 S. Dearborn Street, Room 710
Chicago, IL 60604

     The Application for Payment of Unclaimed Funds must be noticed for presentment before the chief judge.

     The Application must be noticed for hearing and served in accordance with the Federal Rules of Bankruptcy Procedure and the Local Rules of the bankruptcy court.

   


[1] “U.S. person” includes an individual who is a U.S. citizen or U.S. resident alien; a partnership, corporation, company or association created or organized in the U.S. or under the laws of the U.S.; an estate (other than a foreign estate); or a domestic trust (as defined in 26 C.F.R. 301.7701-7).

Revised: December 5, 2023