Unclaimed Funds Arising from Bankruptcy Cases
An unclaimed dividend arises when a trustee mails a check to a creditor pursuant to the settlement of a bankruptcy case, but the check is returned because of a bad address or is never cashed for whatever reason. The trustee will stop payment on any non-negotiated checks and deposit the funds with the Court as unclaimed. The Court becomes the Custodian of the funds until the person entitled to them files an application/petition with the Court for payment.
A court order is necessary before any money can be withdrawn. To apply for such an order, a claimant entitled to payment of the funds must petition the court for payment, provide notice of the request to the United States Attorney and other relevant parties and, after providing full proof of their right to the funds, an order providing for distribution of the funds will issue.
Important Note Re: Notary Signatures from Outside the United States
Whenever a document is signed and notarized in a country outside of the United States, it must be authenticated by either an Apostille or a Certificate of Authentication to verify the legal authority and registration of the notary public who notarized the signatures on the documents. This extra step provides the necessary assurance to the Court that the person is an actual notary and that the documents he/she notarized should be recognized and not rendered invalid.
Whether you must provide an Apostille or a Certificate of Authentication depends upon whether the country of origin (where you are having the document notarized) has agreed to participate in a treaty called the Hague Convention of 5 October 1961 Abolishing the Requirement of Legalization for Foreign Public Documents; it is also known as the Apostille Convention. Should the country of origin not be a member of this treaty, then you must provide a Certificate of Authentication.
Contact the Embassy of the country of origin (where you are having the document notarized) for assistance in obtaining either an Apostille or a Certificate of Authentication.