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3.8 Motions to Withdraw Unclaimed Funds

Any party who seeks to withdraw unclaimed funds must file a Motion to Withdraw Unclaimed Funds in substantial conformance with the Court’s standard application form (Form 1340) and serve a copy of the motion on the parties listed in Local Bankruptcy Rule (LBR) 3011-1. Filing of an unclaimed funds motion can be a complicated process and parties are encouraged to visit the Unclaimed Funds section of the Court’s website to make sure all requirements are met.

Filing a Motion to Withdraw Unclaimed Funds in CM/ECF once Form 1340 is filled out:

  • Go to (or search for) the ECF event: Withdraw Unclaimed Funds – BK Motion.
  • Enter the appropriate case number.
  • Make the appropriate party selection.
  • Browse and attach the motion along with any necessary documents as instructed in the Unclaimed Funds section of the Court website.
  • Indicate “no” since this type of motion should not be expedited.
  • If “Will you be setting a hearing?” screen displays, select “no.”  The Court sets the hearing on this motion.
  • Follow the remaining CM/ECF screen prompts.
  • Verify docket text and submit.

The Court will issue an Order Establishing Procedures Regarding Motion to Withdraw Unclaimed Funds, which will set deadlines and a hearing date if there are timely objections to the motion. If no objections are filed to the motion, the Court will enter an order granting the motion.

If the motion is deficient, the Clerk’s office may contact the Movant for additional proof of identity or entitlement to the funds, or the Court may deny the motion. The judge may decide to issue a docket order on the record denying the motion without prejudice subject to refiling the motion if there are any filing deficiencies.