Unclaimed Funds

Pursuant to 28 U.S.C. §2042, any claimant entitled to any unclaimed funds held by the court may, on petition to the court and upon notice to the United States Attorney and full proof of right thereto, obtain an order directing payment to him.

A request for an order releasing unclaimed funds shall be made by using the court-approved Verified Petition for Payment of Unclaimed Funds, along with all required documentation, and the unsigned Proposed Order Directing Payment of Unclaimed Funds. All forms can be found on our website at www.wyb.uscourts.gov.

 


 

There are three general categories of claimants. Please determine which category is appropriate and provide the following documentation.

  1. An Owner of Record – the person shown in the court’s records as the owner of the funds.
    • Verified petition with notarized signature and completed certificate of service showing notice to the U.S. Attorney pursuant to 28 U.S.C. §2042;
    • A photocopy of photo identification, such as driver’s license or passport of the party entitled to the funds;
    • IRS Form W-9 Request for Taxpayer Identification Number and Certification (owner of record’s SSN or Tax Identification Number);
    • Proposed Order Directing Payment of Unclaimed Funds
  2. Successor Claimants – Included but not limited to: business successors, decedent’s estates, assignees, or judgment creditors, who have direct claims to the funds but are not the owners of record.
    1. Corporate Claims:
      • Verified petition with notarized signature and completed certificate of service showing notice to the U.S. Attorney pursuant to 28 U.S.C. §2042;
      • A photocopy of photo identification, such as driver’s license or passport of the party entitled to the funds;
      • IRS Form W-9 Request for Taxpayer Identification Number and Certification (owner of record’s SSN or Tax Identification Number);
      • A corporate power of attorney signed by a corporate officer;
      • A corporate seal;
      • A statement of the signing officer’s authority;
      • Documentation establishing chain of ownership of the original corporate claimant;
      • Proposed Order Directing Payment of Unclaimed Funds
    2. Purchased or Assigned Claims:
      • Verified petition with notarized signature and completed certificate of service showing notice to the U.S. Attorney pursuant to 28 U.S.C. §2042;
      • A photocopy of photo identification, such as driver’s license or passport of the party entitled to the funds;
      • IRS Form W-9 Request for Taxpayer Identification Number and Certification (owner of record’s SSN or Tax Identification Number);
      • Documentation evidencing the transfer of claim or proof of the purchase/sale of assets;
      • Proposed Order Directing Payment of Unclaimed Funds
    3. Decedent’s Estate (administrator, executor, representative):
      • Verified petition with notarized signature and completed certificate of service showing notice to the U.S. Attorney pursuant to 28 U.S.C. §2042;
      • A photocopy of photo identification, such as driver’s license or passport of the party entitled to the funds;
      • IRS Form W-9 Request for Taxpayer Identification Number and Certification (owner of record’s SSN or Tax Identification Number);
      • Certified copies of probate documents (letters of administration or probated will) establishing the representative’s right to act on behalf of the decedent’s estate;
      • Certified copy of the decedent’s death certificate;
      • Proposed Order Directing Payment of Unclaimed Funds
  3. Representative Claimants – typically fund locators who act on behalf of owners of record or successor claimants.
    • Verified petition with notarized signature and completed certificate of service showing notice to the U.S. Attorney pursuant to 28 U.S.C. §2042;
    • A photocopy of photo identification, such as driver’s license or passport of the party entitled to the funds;
    • IRS Form W-9 Request for Taxpayer Identification Number and Certification (owner of record’s SSN or Tax Identification Number);
    • A notarized, original power of attorney signed by the claimant on whose behalf the locator is acting;
    • Proposed Order Directing Payment of Unclaimed Funds

 

NOTE: The Court prohibits the issuance of a check solely to a fund locator, even if a power of attorney authorizes it. When the owner of record is not the claimant, the clerk shall issue the check payable to the owner of record but will mail the payment to the claimant.

 

Submission Address:

Submit original Verified Petition for Payment of Unclaimed Funds with attached Certificate of Service, IRS Form W-9, Proposed Unsigned Order, and specific requirements to the following address:

United States Bankruptcy Court District of Wyoming  
Attn: Financial Department  
2120 Capitol Avenue, 6th Floor  
Cheyenne, WY 82001

Claimants must serve a copy of all documents to the United States Attorney at the following address:

Civil Chief  
United States Attorney’s Office  
District of Wyoming  
P.O. Box 668  
Cheyenne, WY 82003

Upon receipt of a Verified Petition for Payment of Unclaimed Funds, the Financial Department will review the petition and supporting documentation for completeness, determine whether the guideline requirements have been satisfied, verify that the requested funds remain on deposit with the Court, and forward the verified petition and supporting documentation to the Bankruptcy Judge for consideration. Please be advised that it may take 4-6 weeks to process. If the Financial Department finds that the petition is incomplete and the guidelines have not been met, the claimant will be notified that the petition will not be processed.

 

Forms

Verified Petition for Unclaimed Funds

IRS Form W-9 Request for Taxpayer Identification Number and Certification

Proposed Order for Payment of Unclaimed Funds