UNCLAIMED FUNDS

U.S. Bankruptcy Court for the Western District of Oklahoma

Rule Set: Local Bankruptcy Rules of the U.S. Bankruptcy Court for the Western District of Oklahoma

Rule: 3011-1

Jurisdiction: WDOKB

Bluebook Citation: Bankr. W.D. Okla. R. 3011-1

A. Disposition of Unclaimed Funds.

Any person or entity, or the legal representative or agent of any person or entity, may make a claim for funds which are ordered to be paid to that person or entity from a bankruptcy estate but were not paid. A request for the release of unclaimed funds pursuant to 28 U.S.C. § 2042 shall be made by completing and filing an application for payment of unclaimed funds on Local Form 3011-1 which shall contain full proof of the right to payment of such funds. The request must be served on the United States Attorney for the Western District of Oklahoma. If no response or objection has been filed within fourteen (14) days from the date of filing of the application, an application which provides sufficient documentation to establish the identity of the claimant and the authority of the applicant to make a claim may be approved without a hearing.

The Court, in its discretion, may set a hearing and/or require such additional evidence before issuing an order granting the application. All indications of fraud will be referred to the United States Attorney for the Western District of Oklahoma.

B. Deposit of Unclaimed Funds.

Trustees shall remit unclaimed funds to the Court as Automated Clearing House (ACH) transactions. 20 RULE 3012-1 VALUATION OF COLLATERAL A. Chapter 11 Cases. In Chapter 11 cases, motions to determine the value of secured claims shall be filed separately in accordance with Local Rule 9013-1 and shall not be incorporated into the plan or any plan confirmation objection. The motion shall include in the title “and Notice of Opportunity for Hearing,” and immediately below the title shall contain the following statement: NOTICE OF OPPORTUNITY FOR HEARING Your rights may be affected.

You should read this Document carefully and consult your attorney about your rights and the effect of this Document. If you do not want the Court to grant the motion, or you wish to have your views considered, you must file a written response to the motion with the Clerk of the United States Bankruptcy Court for the Western District of Oklahoma, 215 Dean A. McGee Avenue, Oklahoma City, OK 73102 no later than 14 days from the date of filing of the motion. You should also serve a file- stamped copy of the response to the undersigned [and others who are required to be served] and file a certificate or affidavit of service with the Court. [Note - this is a flat fourteen (14) days regardless of the manner of service.] B. Chapters 12 and 13 Cases. In Chapter 12 and 13 cases, motions to determine the value of secured claims shall be governed by Appendix B and Appendix C, respectively, annexed hereto.

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