LBR 3011-1
Motion to Withdraw Unclaimed Funds
Form 1340 Certificate of Service
AO Form 213P (Rev. 2/24)
AO 215 (Foreign Claimant)
TNMB Website – Unclaimed Funds Rules and Guidance

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. While not exhaustive of all situations, the Unclaimed Funds Instructions are a good starting point.

Filing a Motion to Withdraw Unclaimed Funds in CM/ECF:
• Ensure Form 1340 is filled out and converted to .pdf format prior to initiating the filing of the unclaimed funds motion.
• 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’s 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 is correct and submit the document.

The Court will issue an Order Establishing Procedures Regarding Motion to Withdraw Unclaimed Funds (“Unclaimed Funds Procedures Order”). The Unclaimed Funds Procedures Order sets deadlines and a hearing date for the filing of objections to the motion. If no timely 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. In lieu of a .pdf order, the judge may elect to issue a docket order on the record denying the motion without prejudice subject to refiling the motion to address any filing deficiencies.

Please refer to the Unclaimed Funds portion of the Court’s website so you are aware what documents should be attached in CM/ECF to the motion and what
documents evidencing an ownership right to the funds are to be emailed to the Clerk’s Financial Department.