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Unclaimed Funds

Unclaimed Funds are funds held by the court for an owner or recipient who is entitled to the money, but who has failed to claim ownership of it. Unclaimed funds may arise out of a variety of circumstances. For example, delivery of a payment may not be possible because of incorrect or incomplete address information for the recipient. The U.S. Courts, as custodians of these funds, have established policies and procedures for holding, safeguarding, and accounting for these funds.

Review the Unclaimed Funds Ledger to see if you are due to receive any funds from this court. If you are due unclaimed funds, follow the requirements below. For questions regarding unclaimed funds, contact the court's Finance department at (713) 250-5875.

Requirements for Claiming Funds
 
1. Submit a notarized Application for Payment of Unclaimed Funds with Certificate of Service.
  a. If the funds were deposited for joint claimants, both must sign the application.
  b. The applicant must have legal standing to make the claim.
2. The Certificate of Service must show that notice of the application has been given to the United States Attorney, United States Trustee and any other party who may have an interest in the funds pursuant to 28 U.S.C. ' 2042. (See addresses listed below.)
3. Submit proposed Order for Payment of Unclaimed Funds
4. Submit specific claimant entity requirements as specified below:
5. Submit completed W-9 Form
 
  Individual claimant (without representation):
  a. Current photo identification issued by a government agency (copy of current driver's license or passport for each claimant).
  b. Include legible copies of supporting documents establishing the address of record at time of the bankruptcy case (a copy of proof of claim, correspondence from the court, tax forms, telephone or other utility bill).
  c. If claiming on behalf of a deceased party, please include a copy of:
    1 A death certificate;
    2 Appropriate probate documents which substantiate applicant's right to act on behalf of decedent's estate.
  Active corporation:
  a. Current franchise tax corporate status in state of incorporation;
  b. A current list of officers and directors;
  c. Copy of Articles of Incorporation, Articles of Merger or Successor Corporation, etc.;
  d. An imprint of the corporate seal;
  e. Business card reflecting claimants' name, officer or representative's name and title attached to company letterhead stationery;
  f. A photocopy of representative's identification credentials.
  Inactive corporation:
  a. Current franchise tax corporate status in state of incorporation;
  b. A final list of officers and directors;
  c. Copy of Articles of Incorporation, Articles of Merger or Successor Corporation, etc.;
  d. Articles of Dissolution;
  e. Date and list of final distribution of assets.
  Sole proprietorship:
  a. Documents substantiating the identity of the sole proprietor and the name under which the business was conducted;
  b. Document showing business address at the time of the bankruptcy case (copy of invoice, a sales tax permit, business license).
  Partnership:
    Written documentation from all partners authorizing the representative to claim the funds on their behalf.
  Claimant represented by funds locator:
  a. An original power of attorney with a notarized signature;
  b. Specific claimant entity requirements as previously described.
 
Submission Address

Submit original Application for Payment of Unclaimed Funds and Certificate of Service, Proposed Order for Payment of Unclaimed Funds, Completed W-9, and specific claimant entity requirements to the following address:

United States District Court
P.O. Box 61010
Houston, TX 77208

Claimants must serve a copy all documents to the two additional government agencies listed below:

U.S. Attorney
P.O. Box 61129
Houston, TX 77208

U.S. Trustee
515 Rusk Ave., Ste. 3516
Houston, TX 77002

Notice must also be served to any other party who may have an interest in the Funds.