3011-1:  UNCLAIMED FUNDS: New Application Form; Trustee's Duties

On January 2, 2020, the Court’s requirements and form for requesting the release of unclaimed funds was revised as follows:

• LBR 3011-1 was amended, effective January 2, 2020, to change the form to be used for requesting the release of unclaimed funds and service requirements related to the filing of it.
• As referenced in LBR 3011-1, the new national Application for Payment of Unclaimed Funds (Form 1340) is to be used for the filing of these requests.
• The Court’s Local Bankruptcy Rule Form F 3011-1.MOTION.UNCLAIMED FUNDS can no longer be used to request the release of unclaimed funds.

The new requirements and form resulted from an effort by the national Bankruptcy Rules Committee to develop a streamlined national approach for requesting the release of unclaimed funds.  See link below to the Public Notice

• Please visit the Unclaimed Funds Search webpage on the Court’s website for more information related to unclaimed funds, search for unclaimed funds, and access the new form and instructions for filing an Application for Payment of Unclaimed Funds.  
• The application may not be filed electronically.  It must be filed in person at an intake window or by mail.
• The applicant must also file a Notice of Motion for Order Without Hearing.  See link below

NOTE:  See FRBP 3011 for a trustee's duties when there are unclaimed funds in a chapter 7, 12 or 13 bankruptcy case.