PROCEDURAL REQUIREMENTS FOR THE PAYMENT OF PREVIOUSLY UNCLAIMED FUNDS
| 1. | An application for payment of unclaimed funds must be in the form of a Motion to Withdraw Moneys under 28 U.S.C. Section 2042. |
| 2. | The motion must be filed either by an individual, acting pro se, or by a licensed attorney-at-law, acting on behalf of an individual or corporation. Motions may not be filed by non-attorney locators on behalf of their clients, even if the clients provide a power of attorney to the locator. |
| 3. | All motions are heard in front of Bankruptcy Judge Carol A. Doyle or in her absence, the Bankruptcy Judge hearing her matters. Motions should be filed electronically using the CM/ECF system, or if you are not a CM/ECF authorized user, you can file the motion with the clerk’s office at 219 S. Dearborn Street, room 713, Chicago, Illinois 60604 |
| 4. | The motion must be certified as correct by the claimant and submitted in accordance with the motion practice adopted by the Court and these procedural requirements. The hearing on the motion shall be at least 10 business days from the date of mailing of the notice, motion and proposed order to the parties identified in Step 5. Motions should be scheduled at 10:00 a.m., Tuesday or Thursday before Judge Carol A. Doyle in courtroom 742. |
| 5. | Service of the notice of hearing and motion must be made to the Chief, Civil Division, U.S. Attorney’s Office, 219 South Dearborn Street, Chicago, Illinois 60604; to Financial Administrator, U. S. Bankruptcy Court, 219 South Dearborn Street, Chicago, Illinois 60604; to the trustee assigned to the case at issue; and to the United States Trustee. |
| 6. | The movant or counsel for the movant is to appear on the date the motion is to be heard to see whether any objections to the requests for withdrawal or hearing are presented. If the funds are available and if movant or counsel for the movant does not appear and no objections or requests for hearing are made, the Court may waive the movant’s appearance and enter the appropriate order. If the fiscal officer reports that there are no funds available the motion will be denied. If an objection or request for hearing is made, the movant will be advised of who made the objection or requested the hearing and what is the next Court date and time. |
| 7. | Pursuant to the Privacy Act, as of December 1, 2003, the motion and the order shall contain only the last four digits of the claimant’s social security number or EIN. The claimant shall file a Statement of Social Security or Employer Identification Number (“Statement”). If personal identification numbers such as contained on a drivers license and birth certificate are submitted, they shall be affixed to the Statement and not the motion. (See Privacy Act) If you have any doubts about disclosure affix such information to the Statement. |
Suggested forms of notice, motion, statement of social security and EIN and order are available under “Forms and Orders” on the Court’s web site at www.ilnb.uscourts.gov and through the Clerk’s office.
Revised 03/2007