Instructions for Submitting an Application for Unclaimed Dividends

Revised: 
Wednesday, July 12, 2017
UNITED STATES BANKRUPTCY COURT
 

Instructions for Submitting an Application for Unclaimed Dividends

Every application for unclaimed dividends must include a copy of the Trustee's Notice of Unclaimed Dividends.  The Trustee's Notice is available from the court where the case was filed.  Any Trustee's Notice of Unclaimed Dividends filed after January 2005, is available from the court’s electronic docket for a modest fee.  Court fees are posted in the court’s website. Please contact any division were the notice was filed for a copy of the notice.  Provide the court with the case number, debtors name and tell them that you want a copy of the Trustee's Notice of Unclaimed Dividends.  All of the bankruptcy court divisional offices have terminals available for public use.  You can access a notice filed after January 2005 and have it printed for a modest fee. PACER (Public Access to Court Electronic Records) is also available to access notices that were submitted after January 2005.  Information on PACER is available at the court’s website, www.canb.uscourts.gov.  Click on the Case Info Tab.  On the Case Information page, look for Public Access to Court Electronic Records (PACER). You will see information on PACER.

Any Trustee's Notice of Unclaimed Dividends, filed before January 2005, is only available in the court’s paper files.  To get a copy of the notice, submit a written request which includes the case number, name of the creditor and the debtors name.  Be sure to include your name, address and telephone number and a stamped self-addressed envelope which will be used to send the notice to you.  If you are an individual, you must include the appropriate search fee in the form of money order or cashier's check, made payable to the Clerk of the Court.  If you are a business or an attorney, a business check will be accepted.  Send your request to the address listed at the bottom of these instructions. Please do not submit an application along with the search fee.  If you submit an Application for Unclaimed Funds without a copy of the Trustee's Notice, your application will be considered deficient.

To expedite processing of applications for unclaimed dividends, please be sure to submit all requested documents and any other documents that support your application for the funds.

You must mail a COPY of the application to the Office of the United States Attorney in San Francisco.  The address is on the application.

Your application must contain an original signature.  Mail the ORIGINAL application and the supporting documents to the address below.

 

 United States Bankruptcy Court

 450 Golden Gate Avenue

Mail Box 36099

 San Francisco, CA   94102

Attention: Chris Gundayao, Unclaimed Dividends Application

 

If your application is deficient, you will receive a Notice of Deficiencies in an Application for Unclaimed Dividends.  You will have 30 days to cure the deficiencies.  If the information is not timely received by the court, you will receive a Notice of Failure to Cure Deficiencies in an Application for Unclaimed Dividends.  When this notice is sent, the application will be deemed withdrawn and the court will take no further action.  A new application must be submitted to start a new review process

Items to submit include, but are not limited to, the following:

  • For individual original claimants (or Sole Proprietor):
    • A completed and notarized Application for Unclaimed Dividends and Certificate of Service Form.
    • A completed Order to Pay Unclaimed Funds.
    • Completed W 9 form from the Internal Revenue Service (check the “other” box)
    • Copy of valid photo identification for the claimant (DMV driver’s license or identification card, passport, or employee identification),
    • Other documents, as required by court staff to verify the validity of the claim.
  • For successor claimants (Non-Corporate):
    • Same as above, plus below:
    • If claiming on behalf of a deceased individual, a completed SF 1055 form, a certified copy of the death certificate and proof that you are the executor of the individual’s estate (certified copy of court documents listing you as executor or administrator), and
    • Proof of sale or assignment of the succession of the claim.
  • For Corporations, Partnerships, or LLC’s:
    • Same as for individual original claimants, plus below:
    • If claiming on behalf of an existing company (such as Fund Locators, Attorneys or Employees of Corporations):
      • a  statement on company letterhead signed by the company president, vice president, secretary,  or a corporate official stating that the claimant has the capacity to act on the behalf of the corporation for requesting the company’s unclaimed funds and the assignor has the official capacity to assign this duty to the claimant,
      • a notarized Authority to Act or notarized Limited Power of Attorney or any notarized document in which the signer has received the authority to collect money on behalf of the corporation.
    • If claiming on behalf of a merged company or dissolved corporation or a successor to claims:
      • in addition to the above, if applicable, any verifiable proof of a corporate   dissolution, a corporate merger, or any related document in which the original corporation that had the right to claim the unclaimed funds is no longer operational, or
      • a certified or verifiable document(s), such as sale of assets or a purchase of business uncollected funds, showing the name of the corporation and proof of the purchase of any assets, or
      • any other document showing a succession of the original claim.

Other information

  • Include legible copies of documentation that support the claimant receiving mail at the address indicated in the Trustee’s Notice of Unclaimed Dividends (Example: utility bill, bank statement).
  • Include legible copies of documentation that support the creditor receiving mail at their current address (Example:  utility bill, bank statement).
  • If your name or address is misspelled on the Trustee's Notice of Unclaimed Dividends, please provide a document that briefly states the misspelling and the correct spelling of your name.   End the document with a penalty of perjury statement (I certify, under the penalty of perjury, under the laws of the United States of America, that the foregoing is true and correct.) and sign and date the document.
  • The Limited Power of Attorney MUST include the following:  debtor's name; case number; dollar amount to be collected; claimant's signature and date document was signed;  and it must be notarized.
  • Affix corporate seal, where applicable.
  • Foreign documents need to be authenticated by the U.S. Embassy or a Consulate General (or an Apostille from the country must be attached to the document, if applicable.)
  • Provide original business cards of claimants, if available.
  • If you would like to communicate facts or circumstances that would only be known by the creditor/claimant, please submit a declaration that contain a penalty of perjury statement and must be signed and dated by the creditor/claimant.
  • Court employees are not allowed to provide legal advice.
  • Application and/or Motion for Order to Pay Unclaimed Funds should not be electronically filed via CM/ECF. They should be submitted either in person or by mail.