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Petition For Payment Of Unclaimed Funds Form. This is a Rhode Island form and can be use in Bankruptcy Court Federal.
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Tags: Petition For Payment Of Unclaimed Funds, E, Rhode Island Federal, Bankruptcy Court
R.I. Bankr. Form E
See R.I. LBR 3011-1(b)
(Rev. 8/23/10)
UNITED STATES BANKRUPTCY COURT
FOR THE DISTRICT OF RHODE ISLAND
-------------------------------*
In re:
:
:
:
Debtor(s)
:
:
-------------------------------*
BK No.
Chapter
PETITION FOR PAYMENT OF UNCLAIMED FUNDS
I, the undersigned petitioner, under penalty of perjury under the laws of the
United States of America, declare that the following statements and information are true
and correct:
(“Petitioner”) applies to this Court for entry of an
1.
order directing the Clerk to remit to Petitioner the sum of $
due to
(“Claimant”), whose address is
.
2. [Please check and complete only ONE of the following subparagraphs, as
applicable.
Documentation must be attached to R.I. Bankr. Form F.1 or F.2, as
applicable. Petitions submitted without the required supporting documentation attached to
forms F.1 or F.2 will be considered defective and stricken.
If filing this petition
electronically, do not attach documentation to this petition when filing in cm/ecf.].
Petitioner is the individual Claimant named in the Trustee’s unclaimed funds check and
states that no other application for this claim has been submitted by or at the request of
this Claimant.
Attach the following documentation to R.I. Bankr. Form F.1. A
photocopy of photo identification of Claimant showing Claimant’s signature [e.g.,
driver’s license or passport]. If the name of the Claimant is different from the name of
the original Claimant due to marriage, divorce, etc, appropriate documentation [e.g.,
certified copy of divorce decree, marriage license]. If Claimant is deceased, appropriate
documentation to establish that the person executing the Petition is authorized to act on
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behalf of the decedent’s estate [e.g., certified copies of all probate documents including a
copy of the death certificate and appointment of executor].
Petitioner is a corporation, partnership or other entity named as the Claimant in the
Trustee’s unclaimed funds check Petitioner has reviewed all records of the Claimant and
states that no other Petition for this claim has been submitted by or at the request of
Claimant. Documentation that establishes that the person executing the Petition is
authorized to submit the Petition must be attached to R.I. Bankr. Form F.2 or the
Petition will be considered defective and stricken [e.g., board meeting minutes and
articles of incorporation, current list of officers and directors, affidavit of secretary with
copy of directors’ resolution authorizing execution of the Petition or officer’s certificate
establishing that the corporate officer executing the Application is authorized to so act].
If the Petitioner is a successor in interest to a previous corporation, then
documentation must be attached to R.I. Bankr. Form F.2 to establish the legal right
of the applicant to the accounts receivable of the claimant corporation [e.g.,
documents establishing the chain of ownership of the original corporate claimant, proof
of sale of the company, new and prior owners, and a copy of the terms of any purchase
agreement or stipulation by prior and new owners of right of ownership to unclaimed
funds]. Copies of all documents evidencing assignment must be appended to R.I. Bankr.
Form F.2.
Petitioner is an attorney or a “funds locator” who has been retained by Claimant. Attach
the following documentation to R.I. Bankr. Form F.1 or F.2, as applicable: An
original, notarized “power of attorney” from an individual Claimant or from the
duly authorized representative for the corporation, partnership or other entity
named as the Claimant. Documentation that establishes that the person executing the
“power of attorney” is authorized to so act [e.g., affidavit of secretary with copy of
directors’ resolution authorizing use of locator service or officer’s certificate establishing
that the corporate officer executing the “power of attorney” is authorized to so act].
3.
Petitioner has made sufficient inquiry and has no knowledge that this claim has been
previously paid, that any other petition for this claim is currently pending before this Court, or
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that any party other than the Petitioner is entitled to submit a petition for the payment of this
claim.
4. Applicant has provided notice to the United States Attorney for the District of Rhode Island
of this Petition pursuant to 28 U.S.C.§ 2042 and a certificate of service has been filed.
5. I understand that, pursuant to 18 U.S.C. § 152, I will be fined not more than $5,000, or
imprisoned not more than five years, or both, if I have knowingly and fraudulently made any
false statements in this document.
[Individual]
Dated:
Signature of Individual Petitioner
Street Address
City and State
Telephone (including area code)
[Entity]
Dated:
Name of Petitioner [if not an
individual]
By
(Name of authorized Representative and
Capacity/Title)
Street Address
City and State
Telephone (including area code)
NOTICE OF RESPONSE TIME
Within twenty-one (21) days after service as evidenced by the certification, and
an additional three (3) days pursuant to Fed. R. Bankr. P. 9006(f) if you were
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served by mail, any party against whom this paper has been served, or any other
party to the action who objects to the relief sought herein, shall serve and file an
objection or other appropriate response to this paper with the Bankruptcy Court
Clerk’s Office, 380 Westminster Mall, 6th Floor, Providence, RI 02903, (401)
626-3100.
CERTIFICATE OF SERVICE
The petitioner mailed a copy of this petition and all attachments to the Office of the
United States Attorney for the District of Rhode Island, at Fleet Center 50 Kennedy Plaza, 8th
Floor, Providence, RI 02903 on (date)
.
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