Unclaimed funds are held by the court for an individual or entity that is entitled to the money but has not claimed ownership of it. Under 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 the claimant.
To search, use the Unclaimed Funds Locator (link is external). Select ALSB - Alabama Southern Bankruptcy from the dropdown list and enter the applicable search criteria. If you need additional information or have any questions regarding claiming funds or the procedure set forth below, contact the clerk’s office at (251) 441-5391.
NOTE: Any indication of fraud related to unclaimed funds withdrawal requests will be reported to the United States Attorney for the Southern District of Alabama.
A. Applicable forms
- Application to Withdraw Unclaimed Funds
- Affidavit of Claimant
- Power of Attorney (Official Form 411A)
- Vendor Information/TIN Certification (AO213P)
Incomplete applications or applications submitted with nonconforming forms will be denied.
B. General instructions
All applicants must submit an Application to Withdraw Unclaimed Funds. The applicant must serve a copy of the application on the debtor(s), attorney for debtor(s), the original creditor (if applicable), and on the United States Attorney for the Southern District of Alabama at this address: U.S. Attorney for the Southern District of Alabama, 63 South Royal Street, Suite 600, Mobile, AL 36602.
If you are a “funds locator” or attorney, i.e., you are not the original claimant or a successor-in-interest to the original claimant (or an officer of same), you must complete all information on the “Affidavit of Claimant” (available above) before it is given to the claimant to sign and have notarized. This step is necessary to ensure that the claimant has sufficient information to verify that he or it is in fact entitled to the funds.
C. Required forms and other supporting documents
1. Individuals applying as original claimants (including probate successors)
Individuals applying on behalf of themselves must submit an “Application to Withdraw Unclaimed Funds,” which must be notarized, and a copy of an official government photo ID (such as a driver’s license or passport). Individuals must also submit a Form AO213P.
If funds were deposited in the names of both spouses, both must sign the Application and provide identification. If one spouse is requesting release of funds in the name of that spouse only, the applicant must attach a notarized affidavit with any supporting documentation showing why the funds should be released to only one spouse and not both.
2. Fund locators, attorneys, or representatives of a business or corporation under whose names funds were deposited
- If you are not an individual applying as an original claimant, you must submit an “Application to Withdraw Unclaimed Funds,” which must be notarized, AND the following:
- “Affidavit of Claimant,” including official government photo ID (such as a driver’s license or passport) of the claimant to prove identity Power of Attorney (Official Form 411A)
- Vendor Information/TIN Certification (AO213P). An AO213P must be filled out for each payee to whom the check will be issued. Failure to do so will result in a denied application.
- Documentation supporting the claimant’s or a successor-in-interest to the original claimant’s right to the funds. For corporate/business claimants, attach copies of all documents establishing the chain of ownership of the original claimant.
D. Filing the application and supporting documentation
Attorneys: Electronic submission of documents is mandatory for attorneys in the United States Bankruptcy Court for the Southern District of Alabama. Visit the Attorney – Attorney Admission procedures webpage to register for an attorney e-filing account.
Self-Represented: The application and supporting documentation must be mailed to the court at the following address: U.S. Bankruptcy Court for the Southern District of Alabama, ATTN Financial Administrator, 113 St. Joseph Street, Mobile, AL 36602.
E. What happens next?
The Financial Administrator will immediately forward all applications to the assigned bankruptcy judge. If no objection to the application is filed with the court within 21 days after the filing of the application, the application will be considered by the court without a hearing. If an objection is filed within 21 days, the court will set the matter for a hearing.
If the court finds the application well-taken, the court will enter an “Order for Payment of Unclaimed Funds.” The clerk will then disburse funds as directed in the court’s order after 14 days from the entry of the order. If the applicant is a “funds locator” or attorney, the check for the funds will issue in the names of both the parties on whose behalf the funds are being claimed and the “funds locator” or attorney so that the claimant is aware that a check has been issued.
If the application is signed by an individual on behalf of a non-individual claimant, such as a business or corporation, the check for the funds will issue in the name of the non-individual claimant (i.e., in the name of the business or corporation).
If the court approves an application for funds deposited in a joint debtor case, the check will issue in the name of both debtors unless the court determines that the funds are payable to only one of the joint debtors.