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Unclaimed Funds

What are 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 or who cannot be located and payment has been returned.

How to Find Unclaimed Funds

Click here to access the U.S. Bankruptcy Unclaimed Funds Locator. Select MTB- District of Montana from the court drop-down list and enter the applicable search criteria.

How to Claim Unclaimed Funds

The court will only disburse unclaimed funds to the rightful owner upon full proof of the right thereto. Therefore, the following forms and documentation are required:

  1. An Application for Payment of Unclaimed Funds, include the case name and number.
    1. If the funds were deposited for joint claimants, both claimants must sign the application.
    2. The applicant must have legal standing to make the claim.
  2. Notice of Service to the U.S. Attorney. (U.S. Attorney’s mailing address is on the form).
  3. Required supporting documentation.

If the Claimant(s) is an individual, submit the following:

  1. A legible copy of a document with former address on it establishing proof of the address of record at the time of the bankruptcy case (a copy of proof of claim, correspondence from the court, tax forms, telephone or water bill, etc.); and
  2. A photocopy of an official government identification card (i.e. Passport, Military ID, or valid and current driver’s license) for each claimant; and
  3. If the claimant(s) is represented by an attorney or a funds locator:
    1. Proof of identity of the owner of record.
    2. An original notarized Power of Attorney signed by the claimant on whose behalf the representative is acting.
    3. Proof of identity of the representative; and
    4. Documentation sufficient to establish the claimant’s entitlement to the funds. (See above).

If claiming on behalf of a deceased party:

  1. The above documentation; and
  2. Copy of the death certificate; and
  3. Certified copies of probate documents establishing the representative’s right to act on behalf of o the decedent’s estate; and
  4. Proof of personal identity of the owner of record and the estate administrator.

When the owner of record is not the claimant, the signer or claimant requesting release of funds must show proper authority. The following additional documentation is required:

  • If the Claimant is a Corporation/Partnership:

    1. Application must be signed by an agent for and on behalf of the Corporation/Partnership and bear corporate seal; and
    2. A statement of the signing agent’s authority; and
    3. Documentation establishing chain of ownership of the original corporate claimant; and
    4. A photocopy of representative’s identification credentials.
  • Purchased or assigned claims:

    1. Documentation evidencing the transfer of claim or proof of the purchase/sale of assets; and
    2. Proof of identity of owner of record; and
    3. Proof of identity of successor claimant.

Mail the original application to the following address:

U.S. Bankruptcy Court
400 N. Main Street
Butte, MT 59701 

Applications received which do not comply with the above requirements may be denied by the court. Documentation which has been altered may not be processed. Each claim is subject to verification by the Court. An Application may reference multiple claims of a single claimant in a case; however, separate petitions are required for each petitioner and for each use.

When an Application for payment of Unclaimed Funds is received by the Court, it may take several weeks to process. If a power of attorney is filed, the check will be mailed to the claimant’s agent. If a funds locator files the Application, the check will be issued jointly to the claimant and the funds locator.

Privacy note: Because documents filed electronically with the Court are available through the Internet, the Court is committed to the protection of personal identification information. The individual applicant’s driver’s license number should be blacked out for privacy considerations. Also, all but the last four digits of the Social Security number should be blacked out for the same privacy reasons. Responsibility: The responsibility for redacting these personal identifiers rests solely with counsel and the parties. The bankruptcy clerk is not responsible for ensuring compliance.