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Application, Affidavit And Order For Payment Of Unclaimed Funds With Instructions - Chapter 7 Form. This is a Michigan form and can be use in USBC Eastern Federal.
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Tags: Application, Affidavit And Order For Payment Of Unclaimed Funds With Instructions - Chapter 7, Michigan Federal, USBC Eastern
UNITED STATES BANKRUPTCY COURT
EASTERN DISTRICT OF MICHIGAN
In re:
Case No.
Chapter
7
ORDER FOR PAYMENT OF UNCLAIMED FUNDS
Upon application and in accordance with the provisions of 28 U.S.C. Section
2042, that following a review of the sufficiency of the Affidavit of Claimant information
that the claimant is properly entitled to said funds, and that the U.S. Attorney for the
Eastern District of Michigan was provided a copy of this application with a proof of
service attached to the application,
IT IS ORDERED that the Clerk of the U.S. Bankruptcy Court remit to
, the sum of
dollars ($
), of unclaimed
funds held in the U.S. Treasury.
________________________________
United States Bankruptcy Judge
Dated: _____________________
Katherine B. Gullo, Clerk
U.S. Bankruptcy Court
By:
Deputy Clerk
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UNITED STATES BANKRUPTCY COURT
EASTERN DISTRICT OF MICHIGAN
In re:
Case No. __________________
Chapter
7
APPLICATION FOR PAYMENT FROM UNCLAIMED FUNDS
The undersigned, __________________________________, applies to the
Bankruptcy Court for the Eastern District of Michigan for entry of an order directing the
Clerk of the Court to remit to the applicant the sum of $___________________ , said
funds having been deposited into the Treasury of the United States pursuant to an order
of the Court as unclaimed funds for creditor
.
The applicant further states that:
1.
(Indicate one of the following)
_____
_____
_____
2.
Applicant is the creditor named in the above case and states that
no other application for this claim has been submitted by or at the
request of the creditor
Applicant is the duly authorized representative for the business or
corporation named as the creditor. Applicant has reviewed all
records of the creditor and states that no other application for this
claim has been submitted by or at the request of this creditor. An
Affidavit of Creditor is attached and made part of this application.
Applicant is either a family member of the deceased creditor or a
successor in interest to the individual or business named as the
creditor. An original “power of attorney” conforming to the official
Bankruptcy Form and/or other supporting documents which
indicated the applicants’ entitlement to this claim is attached and
made part of this application.
Applicant has made sufficient inquiry and has no knowledge that this claim has
been previously paid, that any other application for this claim is currently pending
before this court, or that any party other than the applicant is entitled to submit an
application for this claim.
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Page 2 of 2
Application for Payment from Unclaimed Funds
Respectfully submitted this _____ day of ____________, 20___.
___________________________
Name of creditor
_____________________________
Signature of Applicant
__________________________________
Name and Title of Applicant
__________________________________
Company Name
__________________________________
Street Address
__________________________________
City and State
__________________________________
Telephone number
__________________________________
Tax Identification
XXX-XXSocial Security Number
_ ______________
Claim Number
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UNITED STATE BANKRUPTCY COURT
EASTERN DISTRICT OF MICHIGAN
In re:
Case No. ______________________
Chapter
7
AFFIDAVIT OF CLAIMANT
I, ________________________________________________, do hereby state
that I am the claimant to the unclaimed funds released in this application and that I am,
to the best of my knowledge, the legal owner of these funds.
Mailing address:
____________________________________
Phone number:
Social security number XXX-XXIf claimant is a corporation, the federal tax ID number
1.
Claimant History: Substantiate claimant’s right to the claim; i.e. if the
payment is to an individual, include a copy of driver’s license or state identification card.
If a corporation, include purchase agreements regarding the right to ownership.
Attached are certified copies of all necessary documentation.
2. I (or the company which I represent) neither have previously received
remittance for this claim nor contracted with any other party other than the person
named in item one above to recover these funds.
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Page 2 of 2
Affidavit of Claimant
I declare under penalty of perjury that the foregoing copy is true and correct.
Dated: __
_________ ___
Signature of Claimant
Sworn to and Subscribed before me this
____ day of _________________, 20___
__________________________________
NOTARY PUBLIC AT LARGE
STATE OF ________________________
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UNITED STATES BANKRUPTCY COURT
EASTERN DISTRICT OF MICHIGAN
In re:
Case No. ______________________
Chapter
7
PROOF OF SERVICE
I, the undersigned, hereby certify that on the ______ day of ________________,
20
, a copy of the Application for Payment From Unclaimed Funds by
was served on the
United States Attorney for the Eastern District of Michigan at the following address:
U.S. Attorney for the Eastern District of Michigan
Attn.: Michael Wicks, Civil Division-Financial Litigation
211 West Fort Street, Suite 2001
Detroit, MI 48226-3211
Dated:
By:
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INSTRUCTIONS FOR COMPLETING APPLICATION
AND AFFIDAVIT FOR PAYMENT OF UNCLAIMED FUNDS
A. Steps For Completing The Application
1.
Enter the name of the case (name of the debtor) either to the right or
under where In Re: is typed.
2.
Enter the case number.
3.
Enter the name of the person completing the application.
4.
Enter the amount being held by the Court in the unclaimed funds account.
5.
Enter the name of the creditor. This would be the same entry as in step
#4 if the creditor is applying on behalf of his or her self. If the creditor is a
company, enter the company's name as it appeared on it's proof of claim.
If the company applying for unclaimed funds is not the same as the name
originally filed, enter the name of the company applying. You will have to
show proof as to why the new company or entity is entitled to the funds
(see step #6 describing part 3 of the Affidavit of Creditor).
6.
Make an "X" or check mark for whichever choice is appropriate.
7.
Date.
8.
Name of creditor
9.
Signature of Applicant.
10
Address, telephone number and last four digits of a social security number
or complete tax identification number of the creditor.
11.
Claim number.
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B. Steps For Completing The Affidavit
1.
Same as steps #1 thru #4 in instructions for application.
2.
Enter the name, position with the company if applicable, address and
telephone number of the person signing the affidavit on page 2.
3.
Attach proof of creditor's right to the unclaimed funds as described in item
#3 of the affidavit. Other examples of proof might be a copy of a driver's
license, articles of incorporation, dissolution papers, copy of the proof of
claim filed with the Court, etc.. If sufficient proof of the creditor's right to the
funds is not provided, the application may be denied.
4.
The notarized signature of the person shown in step #5.
C. Steps For Completing the Proof of Service
1.
Same steps as #1 and #2 in the instructions for application.
2.
The day a copy of the application was mailed to the U.S. Attorney.
3.
The applicant/creditor completing the application.
4.
The day the form was signed (if different form the date in item #2).
5.
The signature of the person mailing the application to the U.S. Attorney.
D. Steps for completing the Order For Payment Of Unclaimed Funds
1.
Same as steps #1 and #2 of the application.
2.
The written amount of funds payable.
3.
The numeric amount of funds payable.
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