You are here

Unclaimed Funds Procedures

All unclaimed funds paid into the court pursuant to 11 U.S.C. § 347(a) shall be deposited into the United States Treasury.

To search Unclaimed Funds, http://ucf.uscourts.gov and Choose NCEB - North Carolina Eastern Bankrupty Court. If you feel the search results are incorrect, please contact Terry McKeel at terry_mckeel@nceb.uscourts.gov.

The release of these funds will require the following:

1.  Submit a Motion to Release Unclaimed Funds (PDF) to the Clerk of the United States Bankruptcy Court, Eastern District of North Carolina, P. O. Box 791, Raleigh, NC 27602.

2.  The motion must include:

A.  the name, address, telephone number, and a brief history of the creditor who originally filed the proof of claim including the information from the date of the filing of the claim to the present explaining the reasons why the funds were not deliverable at the time of the original distribution;

B.  whether the movant is (a) the owner of record of the claim (the entity shown in the court’s records as the holder of the claim), or (b) a successor claimant (an entity other than the owner of record of the claim that has become legally entitled to the funds by assignment or otherwise).  If the movant is a successor claimant, copies of all documents evidencing the claimant’s right to the funds by assignment of otherwise must be attached to the motion;

C.  whether or not the claimant believes that any other entity may claim an entitlement to the unclaimed funds; and

D.  proof of the claimant’s identity and right to funds.

3.  Serve a copy of the motion upon the United States Attorney for the Eastern District of North Carolina, 310 New Bern Ave., Suite 800, Federal Building, Raleigh, NC 27601, and upon any other entity believed to claim an entitlement to the unclaimed funds and attach a certificate of service with the original motion filed with the U.S. Bankruptcy Court.

4.  PROOF OF IDENTITY AND RIGHT TO FUNDS.  The claimant’s identity and right to funds must be shown through at least one of the following methods:

A.  All claimants must provide with the motion:

(i)  an affidavit explaining the claimant’s entitlement to the requested funds and bearing the seal and certificate of a notary public;

(ii)  a copy of an unexpired passport or valid driver’s license to establish identity of an individual claimant;

(iii)  the last four digits of the social security number or tax identification number of the claimant; and

(iv)  any additional documentation that establishes the claimant’s right to the unclaimed funds and evidences its identity (e.g., a copy of a proof of claim or a copy of a utility bill from an old address).

B.  Successor claimants (those other than the owner of record of the claim who have become legally entitled to the funds) must specifically provide with the motion the following additional information:

(i)  Proof of identity of the owner of record, proof of identity of the successor claimant, and documentation evidencing the transfer of claim and the successor’s entitlement to collect the funds; or.

(ii)  Representatives of estates must provide proof of identity of the owner of record, proof of identity of the estate’s representative and certified copies of documents establishing the representative’s right to act on behalf of the estate.

 5.  CLAIMANT REPRESENTATIVES. 

A.  A motion to release funds must be filed on behalf of claimant representatives by an attorney who is a member in good standing of the North Carolina State Bar and who has been admitted to practice before the United States District Court for the Eastern District of North Carolina. 
 

B.  In addition to compliance with subparagraph 4 A and B above, claimant representatives must provide to their attorney who shall file with the court:
 

(i)  proof of the identity of the owner of record and any successor claimant;
 

(ii)  a notarized original power of attorney signed by the claimant on whose behalf the representative is acting, acknowledging the representative’s authorization to seek funds on behalf of the claimant and acknowledging that the claimant is aware of the right to seek collection of the funds without the assistance of the representative;
 

(iii)  proof of identity of the representative; and
 

(iv)  a copy of the letter of engagement with the claimant, or other documentation of the agreement between the claimant and the claimant representative, disclosing the fee to be collected by the claimant representative and/or the attorney for the claimant representative.
 

C.  Unclaimed funds requested by claimant representatives will be paid by check made payable jointly to the claimant and the attorney for the claimant representative.

6.  For financial purposes, the court requires the claiment to file with the motion a W-9 form (PDF).