Unclaimed Funds Petition Requirements
Any claimant entitled to unclaimed funds may, on petition to the United States Bankruptcy Court, and full proof of the right thereto, request the release of said funds. Pursuant to 28 USC §2042, for unclaimed funds held by the court at least five years, notice to the United States Attorney for the Northern District of Alabama, 1801 4th Avenue North, Birmingham, AL 35203, is required.
The claimant must submit an original hard copy petition/affidavit for reimbursement of unclaimed funds to the United States Bankruptcy Court, Northern District of Alabama, ATTN: Financial Administrator, 1800 5th Avenue, North, Birmingham, AL 35203. Petition forms are located under Forms > Local Forms > Unclaimed Funds. The notarized petition complete with bankruptcy case number, debtor name, and amount of funds being claimed must include the following:
Owners of Record:
The name, address, telephone number, last four digits of the Social Security Number or Tax Identification number of the owner of record, and supporting documentation (i.e., copy of driver’s license or other forms of identification) to show that the claimant is entitled to the funds;
- Successor Businesses
When the claimant is a successor business, proof of identity of owner of record, a notarized Power of Attorney signed by an officer of the successor business, statement of signor authority, and documents establishing the chain of ownership from the original business claimant.
- Transferred Claims
When the claim was transferred, proof of identity of owner of record, proof of identity of successor claimant, and documents evidencing the transfer of claim.
- Decedent’s Estate (Administrator, Executor, Representative)
When the owner of record is deceased and the estate petitions the court for release of unclaimed funds, the decedent’s estate must provide proof of identity of owner of record, proof of personal identity of estate administrator, and certified copies of probate documents establishing the representative’s right to act on behalf of the estate.
- Claimant Representatives (i.e., funds locators)
When the claimant is acting as the legal representative of an owner of record, proof of identity of owner of record, an original notarized power of attorney signed by the claimant on behalf of the owner of record, proof of identity of the representative, and documentation sufficient to establish the claimant’s entitlement to the funds, as required by section “Owner of Record” above.
Upon review of the petition/affidavit for reimbursement of unclaimed funds by the financial administrator, and determination that all requirements are satisfied, a proposed court order will be prepared and forwarded to the Presiding Judge of the Northern District of Alabama Bankruptcy Court. Upon approval and entry of same on the docket, a voucher for payment to the claimant will be generated.
For questions regarding this process, please contact:
The Financial Administrator for the U.S. Bankruptcy Court, 205-714-4008