In bankruptcy cases that have assets, the case trustee pays out money collected from liquidating those assets to creditors who have filed claims in a particular case. Sometimes, the money paid out by the trustee, which is issued as a check, is returned by the post office as undeliverable or the check is not cashed within 90 days. Also, in some cases the trustee pays monies as unclaimed funds to the court where the funds are due the debtor, such as in a dismissed case. By law, in Chapter 7 and Chapter 13 cases, the trustee is required to deposit these funds to the court as unclaimed. 11 U.S.C. § 347. Unclaimed funds remain deposited with the Court until the person/entity entitled to them files an Application for Payment of Unclaimed Funds with the Court. If the Court enters an order to pay the unclaimed funds, a US Treasury check for the amount owed is issued back to entitled person/entity.
Please refer to SC LBR 3011-1 and these Instructions for the requirements to begin the appropriate claim recovery process.
Application for Payment of Unclaimed Funds (Director’s From 1340)
Form AO-213P Request for Payee information and TIN Certification (for individual payees)
Form AO-213 Request for Vendor Information and TIN Certification
Form W-9 - Request for Taxpayer Identification Number and Certification
For further information about unclaimed funds and to obtain further assistance in recovering such funds to which you may be entitled, please contact the Clerk’s Office at 803-765-5436.