Instructions, Form 1340 

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Instructions for Filing Application for Payment of Unclaimed Funds

These template instructions can be modified by a bankruptcy court as needed.1

 

Unclaimed funds are held by the court for an individual or entity who is entitled to the 

money but who has failed to claim ownership of it. The United States Courts, as custodians of 

such funds, have established policies and procedures for holding, safeguarding, and accounting 

for the funds. 

I. Searching Unclaimed Funds

To search unclaimed funds, use the Unclaimed Funds Locator at https://ucf.uscourts.gov/. 

Select________ (name of court) from the dropdown list and enter the applicable search criteria. If 

you need access to a computer to perform the search, you may use the court’s public computer 

terminal(s) located at ________. Additionally, you may contact the Clerk’s office at xxx-xxxxxxx to verify unclaimed funds balances.

Note to court: If your court is not using the Unclaimed Funds Locator, please specify how your 

court is making unclaimed funds data accessible to the public. 

II. Filing Requirements for Payment of Unclaimed Funds

a. Application for Payment of Unclaimed Funds

Any party who seeks the payment of unclaimed funds must file an Application for 

Payment of Unclaimed Funds in substantial conformance with the court’s standard 

application form and serve a copy of the application on the United States Attorney for the 

District of ______________________. For purposes of this procedure, the “Applicant” is 

the party filing the application, and the “Claimant” is the party entitled to the unclaimed 

funds. The Applicant and Claimant may be the same.

b. Supporting Documentation

1. Payee Information 

Funds are payable to the Claimant. In conjunction with the Application for Payment of 

Unclaimed Funds, Claimant’s tax identification number (TIN) must be provided to the court on 

a certification form signed by the Claimant to whom funds are being distributed. 

A. Domestic Claimant 

A Claimant who is a U.S. person2 must use either the AO 213P or W-9 certification form

(accessible by searching on the Internal Revenue Service (IRS) website at: https://www.irs.gov/). 

1 The notes to courts appearing in italics are for internal use only and are intended to be removed in a court’s final version of 

the instructions. 2 “U.S. person” includes: an individual who is a U.S. citizen or U.S. resident alien; a partnership, corporation, company or 

association created or organized in the U.S. or under the laws of the U.S.; an estate (other than a foreign estate); or a domestic 

trust (as defined in 26 C.F.R. 301.7701-7). 
 

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If a Claimant wants payment via Electronic Funds Transfer (EFT), then the AO 213P form must 

be used. 

B. Foreign Claimant 

A foreign Claimant must use a W-8 certification form (accessible by searching on the IRS 

website at: https://www.irs.gov/) accompanied by the AO-215 form.

If you have problems completing a form, please contact the Clerk’s office at xxx-xxxxxxx. 

Note to court: While making funds payable to the Claimant is included as the default language, 

specify above how funds are payable in your court, if different (e.g., payable jointly to the owner 

of record and funds locator if authorized by a power of attorney). 

2. Additional Supporting Documentation 

Requirements for additional supporting documentation vary depending on the type of 

Claimant and whether the Claimant is represented. Please read the instructions below to identify 

what must accompany your Application for Payment of Unclaimed Funds. 

Sufficient documentation must be provided to the court to establish the Claimant’s 

identity and entitlement to the funds. Proof of identify must be provided in unredacted form with 

a current address. If there are joint Claimants, then supporting documentation must be provided 

for both Claimants. 

A. Owner of Record

The Owner of Record is the original payee entitled to the funds appearing on the records 

of the court. If the Claimant is the Owner of Record, the following additional 

documentation is required: 

i. Owner of Record - Individual

a. Proof of identity of the Owner of Record (e.g., unredacted copy of driver’s 

license, other state-issued identification card, or U.S. passport that includes 

current address); and

b. A notarized signature of the Owner of Record (incorporated in application). 

ii. Owner of Record - Business or Government Entity

a. Application must be signed by an authorized representative for and on behalf of 

the business or government entity;

b. A notarized statement of the signing representative’s authority; and

c. Proof of identity of the signing representative (e.g., unredacted copy of driver's 

license, other state-issued identification card, or U.S. passport that includes 

current address).

If the Owner of Record’s name has changed since the funds have been deposited with the 
 

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court, then proof of the name change must be provided. 

B. Successor Claimant 

A successor Claimant may be entitled to the unclaimed funds as a result of assignment, 

purchase, merger, acquisition, succession or by other means. If the Claimant is a 

successor to the original Owner of Record, the following documentation is required: 

i. Successor Claimant - Individual

a. Proof of identity of the successor Claimant (e.g., unredacted copy of driver’s 

license, other state-issued identification card, or U.S. passport that includes 

current address);

b. A notarized signature of the successor Claimant (incorporated in application); and

c. Documentation sufficient to establish chain of ownership or the transfer of claim 

from the original Owner of Record.

ii. Successor Claimant – Business or Government Entity

a. Application must be signed by an authorized representative for and on behalf of 

the successor entity;

b. A notarized statement of the signing representative’s authority; 

c. A notarized power of attorney signed by an authorized representative of the 

successor entity;

d. Proof of identity of the signing representative (e.g., unredacted copy of driver's 

license, other state-issued identification card, or U.S. passport that includes 

current address); and

e. Documentation sufficient to establish chain of ownership or the transfer of claim 

from the original Owner of Record.

iii. Deceased Claimant's Estate

a. Proof of identity of the estate representative (e.g., unredacted copy of driver's 

license, other state-issued identification card, or U.S. passport that includes 

current address);

b. Certified copies of probate documents or other documents authorizing the 

representative to act on behalf of the decedent or decedent’s estate in accordance 

with applicable state law (e.g., small estate affidavit); and

c. Documentation sufficient to establish the deceased Claimant’s identity and 

entitlement to the funds. 

Note to court: Your court may choose to tailor these instructions based on the laws in your state. 

C. Claimant Representative

If the Applicant is Claimant’s attorney or other representative, the following 

documentation is required:

i. Proof of identity of the representative (e.g., unredacted copy of driver's license, 

other state-issued identification card, or U.S. passport that includes current 
 

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address);

ii. A notarized power of attorney signed by the Claimant (or Claimant’s authorized 

representative) on whose behalf the representative is acting; and

iii. Documentation sufficient to establish the Claimant’s identity and entitlement to the 

funds, as set forth above.

c. Proposed Order

Applicant must provide the court a proposed order in substantial conformance with the 

court’s standard Order Granting Application for Payment of Unclaimed Funds. 

Note to court: This is an option for a court that requires a proposed order in conjunction with 

an application. 

d. Certificate of Service

Applicant must provide the court a certificate of service stating:

 1. a copy of the application and supporting documentation were sent to the Office of the 

United States Attorney for the _______ District of _________; and 

 2. if the Claimant is entitled to the unclaimed funds by transfer, assignment, purchase, 

merger, acquisition, or succession by other means, a copy of the application was sent to the 

Owner of Record and all other previous owner(s) of the claim at their current address or Applicant 

has enclosed a statement explaining why Applicant was not able to do so or an explanation of why 

doing so is not necessary. 

Note to court: this is an option for a court that requires a certificate of service. 

e. Filing the Application

The application, supporting documentation, certificate of service, and proposed order 

must be mailed to the court at the following address: 

U.S. Bankruptcy Court 

 District of 

[Court enters address here] 

Note to court: Please identify any alternative means for filing (e.g., electronic filing with 

documents containing personal identifiers restricted from public access). 

f. Post-Filing Process

Insert your court’s procedure for processing an application here. 

Suggested Practice: Any party objecting to the Claimant’s request in the application shall, within 

twenty-one (21) days after service thereof, serve upon the Applicant and other appropriate parties 

and file with the court an objection to the application. If no objection is filed with the court 

within twenty-one (21) days after service of the application, the application and accompanying 

documents may be considered by the court without hearing. If the application is deficient, the 

Clerk’s office may contact the Applicant for additional proof of identity or entitlement to the 
 

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funds. 

Note to court: The 21-day objection period is not required by statute or rule; however, various 

courts have implemented this negative notice practice by local procedure. 

III. Links

AO-213P

W-9 (accessible by searching on the IRS website at: https://www.irs.gov/) 

W-8 (accessible by searching on the IRS website at: https://www.irs.gov) 

AO 215