CACB — found here

Source: https://www.cacb.uscourts.gov/sites/cacb/files/documents/forms/Form_1340_INSTRUCTIONS-Application_Unclaimed_Funds.pdf

Instructions, Form 1340 12/23

Instructions for Filing Application for Payment of Unclaimed Funds

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 CACB-California Central 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 Intake lobby in each divisional office. Additionally, you may contact the
Clerk’s office at 213-894-6135 or 213-894-0999 to verify unclaimed funds balances.

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
Central District of California. 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. person1 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/).
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

1 “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). 1

Instructions, Form 1340 12/23

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 213-894-

1000. 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
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
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Instructions, Form 1340 12/23

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 (e.g., a notarized assignment agreement, an electronic signature (AES minimum), or a digital signature and an affidavit by the claimant verifying the authenticity of the signers).

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 (e.g., a notarized assignment agreement, an electronic signature (AES minimum), or a digital signature and an affidavit by the claimant verifying the authenticity of the signers).

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.

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 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.

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Instructions, Form 1340 12/23

c. 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 Central District of California; 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.

d. Filing the Application

The original application, supporting documentation, and certificate of service must

be mailed to the court at the following address:

U.S. Bankruptcy Court Central District of California

ATTN: Unclaimed Funds Processor 255 E. Temple St, Room 947 Los Angeles, CA 90012

e. Post-Filing Process

Any party objecting to the Claimant’s request in the application shall, within fourteen (14) 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 fourteen (14) 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 funds.

III. Links

AO-213P (accessible by searching on the U.S. Courts website at: https://www.uscourts.gov)

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 (no public link available, please contact court)

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