How to Recover Unclaimed Funds From U.S. Bankruptcy Court in Florida
Once all filed claims have been paid in a bankruptcy proceeding, there may be additional funds remaining in the court's registry. In Florida, you may have a legal right to these remaining funds if you are a creditor who has not yet received payment. Debtors can also recover any excess funds remaining after all creditors have been paid. You or your attorney should petition the court for payment of any unclaimed funds within five years of the last payment to creditors to ensure that the money is not turned over to the U.S. Treasury.
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Things You'll Need
- Motion for Payment of Unclaimed Funds
- Proposed Order Directing Release of Unclaimed Funds
Instructions
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Petition the Bankruptcy Court for Release of Funds
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1
Prepare a motion requesting release of excess funds held by the bankruptcy court. Be sure to include the bankruptcy case information, your name, address and telephone number and the last four numbers of your social security number or tax identification number.
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2
Include a copy of your driver's license with the motion if you are an individual seeking payment of unclaimed funds from the court on your own behalf.
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3
Include an executed power of attorney with the motion if you are filing on behalf of the person or company legally entitled to the unclaimed funds. If you are acting on behalf of a deceased person, you must include probate documents showing you have the right to claim funds on behalf of the decedent along with a copy of the death certificate.
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4
File the motion along with all required documentation with the bankruptcy court clerk. Be sure to include a certificate of service that indicates you have mailed a copy of the motion to the U.S. Attorney.
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5
File a proposed order for the judge to sign that will release the unclaimed funds. The proposed order should be in the form required by the court and must state the amount of your claim and the address where the check should be mailed.
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Tips & Warnings
Be sure to contact a Florida attorney specializing in bankruptcy law if you have any questions or concerns regarding your right to funds held by the bankruptcy court.
References
Resources
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