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Unclaimed Funds

 

Unclaimed Funds are funds held by the court for an owner or recipient who is entitled to the money but who has failed to claim ownership of it. Unclaimed funds may arise out of a variety of circumstances, such as: delivery of a payment may not be possible because of faulty or incomplete address information for the recipient, proceeds or uncashed dividend checks from bankruptcy cases, unclaimed seaman’s effects, dividends from stock certificates seized by federal agencies and criminal restitution or other fines may not have been claimed by the parties, agencies, next of kin, or other recipients entitled to them.

Click to access the U. S. Bankruptcy Unclaimed Funds Locator. Select VAEB (Virginia Eastern Bankruptcy Court) from the court drop-down list and enter the applicable search criteria.

If you believe that you have unclaimed funds but cannot find your claim by searching the U.S. Bankruptcy Unclaimed Funds Locator, please contact the Clerk’s Office for assistance.

Richmond Division - (804) 916-2400
Norfolk/Newport News Divisions - (757) 222-7500
Alexandria Division - (703) 258-1200

Local Bankruptcy Rule 3011-1 sets out the requirements for the deposit and the disposition of unclaimed funds. Click to view the Local Bankruptcy Rule.

Instructions for Filing an Application for Payment of Unclaimed Funds

Application Form

An Application for Payment of Unclaimed Funds must be filed on Local Form 1340 edva located here. All other forms are deemed deficient. An Application may be filed in a closed case without the need to file a motion to reopen the case. There is no fee associated with an Application for Payment of Unclaimed Funds.

Parties who are represented by counsel must file the Local Form Application for Payment of Unclaimed Funds electronically with the Court on the Court’s CM/ECF system. Pro se parties, that is, individuals who are representing themselves without attorneys, must file the Form in the Clerk’s Office in the Division where the bankruptcy case is or was pending. The mailing addresses for each of the Court’s Divisions are:

Alexandria Division
United States Bankruptcy Court
Eastern District of Virginia
200 S. Washington St.
Alexandria, VA 22314-5405

Newport News/Norfolk Divisions
U.S. Bankruptcy Court
Eastern District of Virginia
600 Granby Street, Room 400
Norfolk, VA 23510-1915

Richmond Division
United States Bankruptcy Court
Eastern District of Virginia
701 East Broad Street, Suite 4000
Richmond, VA 23219-1888

Who May File an Application for Payment of Unclaimed Funds?

Individual claimants are entitled to file the Application without an attorney. Individuals who file the Application without an attorney must attach a signed Certification Under Local Bankruptcy Rule 2090-1found here, certifying either that no attorney has prepared or assisted in the preparation of the Application, or identifying any attorney who assisted in the preparation of the Application. The representative of a decedent’s estate is considered to be an individual and may file the Application pro se.

Applications filed by parties who are not individuals – including corporations, limited liability companies and business trusts – must be signed and filed by a member in good standing of the Bar of this Court.

Proof of Identity

The claimant must attach a redacted copy (that is, a copy deleting such personal identifiable information as the claimant’s date of birth, social security number and driver’s license number) of his or her identification, such as a valid State driver’s license, valid passport or a REAL ID.

Transferred or Assigned Claims and Supporting Documentation

Where a proof of claim has been transferred or assigned, the claimant must file the necessary transfer of claim documents before filing an Application of Payment of Unclaimed Funds. Applications for Payment of Unclaimed Funds that are not filed by the Debtor in the bankruptcy case or by the party that filed the proof of claim in the case must be accompanied by copies of any assignments or other documents evidencing the right to payment. Any assignments of the right to receive unclaimed funds must be (a) notarized, and (b) attached to the Application. If there has been more than one assignment, attach copies of all the applicable, notarized assignments.

Decedent Estates and Supporting Documentation

If the claimant is the representative of a decedent’s estate, the claimant must submit certified copies of all probate documents evidencing the claimant’s right to proceed on behalf of the decedent’s estate.

Payee Information Form Required

Persons must submit the appropriate payee information form to be completed and signed by the claimant. The Court requires claimants to file a W-9 Form (AO 213 and AO 213P will not be accepted). Below is the payee information form to complete:

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

Electronic filers must file the appropriate payee information form using the restricted Miscellaneous event code “Payee Information Form – Unclaimed Funds.” Access to this form will be restricted to Court users only. Pro se parties that is, individuals who are representing themselves without attorneys, shall file the appropriate payee information form with the appropriate Division of the Clerk’s Office, which shall docket such form using the restricted Miscellaneous event code.

The name of the Claimant on the Application must match the name on the payee information form.

Notice

An Application for Payment of Unclaimed Funds must be accompanied by a Notice of Application which gives parties 21 days to file objections thereto. The Application must be served by first class mail on both the Office of the U.S. Trustee, for the Division in which the Application is filed, and the United States Attorney’s Office for the Division in which the application is filed, and must include a Certification of Mailing as a part of the Application.

The addresses for the Office of the United States Trustee are:

Alexandria Division
Office of The United States Trustee
1725 Duke Street, Suite 650
Alexandria, VA 22314

Newport News and Norfolk Divisions
Office of The United States Trustee
200 Granby Street
Suite 625
Norfolk, VA 23510

Richmond Division
Office of The United States Trustee
701 East Broad Street
Suite 4304
Richmond, VA 23219

The addresses for the United States Attorney’s Office are:

Alexandria Division
United States Attorney’s Office
Justin W. Williams United States Attorney's Building
2100 Jamieson Ave
Alexandria, VA 22314

Newport News Division
United States Attorney’s Office
Fountain Plaza Three
Suite 300
721 Lakefront Commons
Newport News, Virginia 23606

Norfolk Division
United States Attorney’s Office
101 W Main Street
Suite 8000
Norfolk, VA 23510-1671

Richmond Division
United States Attorney’s Office
919 E Main St
Suite 1900
Richmond, VA 23219

Deficient Applications

If an Application for Payment of Unclaimed Funds does not comply with Local Bankruptcy Rule 3011-1 and these instructions, the Clerk shall serve a notice of deficiency listing the deficiencies. If the deficiencies are not cured within 14 days after the date of the notice of deficiency, or the claimant does not request a hearing within the said 14 days, the Clerk shall strike the application.