Unclaimed Funds

Unclaimed funds are monies deposited with the court by a case trustee pursuant to 11 U.S.C. §347. Unclaimed funds may arise out of a variety of circumstances but are often due to faulty address information which prevented delivery of the funds to the party entitled to them.

Pursuant to 28 U.S.C. 2042, any claimant entitled to any unclaimed funds held by the court may, on petition to the court and upon notice to the United States Attorney and full proof of right thereto, obtain an order directing payment to him. A petition requesting unclaimed funds may be filed by the owner of record, a successor in interest, or a representative claimant.

Information and Documentation Required for Petition for Unclaimed Funds

1. A completed IRS W-9 Form with claimant’s social security or tax identification number is required for processing of all payments of unclaimed funds and must be submitted with the petition for unclaimed funds.

2. There are some variations in the remaining documentation required based on whether the claimant is an owner of record, a successor in interest, or a representative claimant.  Before filing a petition for unclaimed funds, please refer to the appropriate instructions and forms below:

Attorneys and Fund Locator Instructions     or      Pro Se Instructions and Form (filing without an attorney)

For further information, contact the Clerk's Office at 404-215-1000 and speak to someone in the Financial Department.