Unclaimed Funds in Registry of Court

U.S. Bankruptcy Court for the Eastern District of Pennsylvania

Rule Set: Local Bankruptcy Rules of the U.S. Bankruptcy Court for the Eastern District of Pennsylvania

Rule: 3011-1

Jurisdiction: EDPAB

Bluebook Citation: Bankr. E.D. Pa. L.R. Adm. R. 3011-1

All Rules: Bankr. E.D. Pa. L.R. Adm. Local Bankruptcy Rules, complete index


Text

(a) Withdrawal of Funds. A motion for the withdrawal of funds paid into the Court Registry shall state: (1) the amount to be withdrawn; (2) the reason the funds were paid into the registry, if known; (3) the name and address of the person or entity to which funds are to be paid; and (4) the basis of the proposed recipient’s right to payment of the funds. (b) Evidence of Right to Payment. (1) Power of Attorney.

If the proposed recipient’s right to payment of the funds is based in whole or in part on a power of attorney, a copy of the power of attorney shall be filed and served with the motion. (2) Transferee of Claim. If the proposed recipient of the funds did not comply with Fed. R. Bankr. P. 3001(e)(2) or (4) to establish that the recipient was the -30- transferee of the claim to the funds, evidence of the transfer shall be filed and served with the motion. (c) Service.

The motion and the evidence referred to in subdivision (b) shall be served on the debtor, the trustee or former trustee, the transferor of a claim referred to in subdivision (b)(2), the United States Trustee and, if 28 U.S.C. §2042 applies, on the United States Attorney. (d) Certification of Service. The movant shall file a certification of service as required by L.B.R. 9014-4.

Chat with this local rule using AI

Ask CiteLaw's AI Navigator anything about this local rule, verify citations, and research related authorities. Sign up for CiteLaw free today to get started.