Pursuant to 28 U.S.C.§ 2042, any claimant entitled to any unclaimed funds held by the court (“unclaimed funds”) may, on petition to the court and upon notice to the United States Attorney and full proof of the right thereto, obtain an order directing payment to him/her. If you identify funds to which you believe you are entitled, complete the application, provide information outlined below, and file the application and supporting documents with the Court. If funds are found in multiple cases, a separate application and supporting documentation will need to be filed in each case.
Supporting documentation must be provided including proof of identity and your connection to the claim. If the claimant has changed, provide supporting documents which substantiate the change. If the claimant is claiming funds on behalf of a deceased party, the application must include a copy of the death certificate and documents that substantiate the claimant’s right to act on behalf of the decedent’s estate, or the claimant’s right to the funds as a beneficiary of the estate.
All claims must have proper documentation as required for executing the application for reimbursement. These should include at least the following:
- Original application NM LF 347-1 for reimbursement or a motion to release the funds. Applications for funds exceeding $1,000 must include a notarized signature of the claimant. NM LF 347-2
- Proper authority by the signer or claimant requesting release of the funds
- Photocopy of photo identification such as driver’s license or passport, or a letter of administration or probated will, or corporate documents (if applicable) showing proof of ownership of the funds through amendment, merger, or dissolution, as appropriate.
- Completed IRS form W-9. Claimant’s social security or tax identification number is required for processing of all payments of unclaimed funds.
Original applications should be mailed to the U.S. Bankruptcy Court, Attn: Financial Department, P.O. Box 546, Albuquerque, NM, 87103, or hand delivered to the Clerk's office located at 500 Gold SW, 10th Floor, Albuquerque, NM.
A copy of the application and supporting documentation must be mailed to the United States Attorney at the address provided below and also to any other party who may have an interest in the funds.
United States Attorney, P.O. Box 607, Albuquerque, NM 87103
Upon receipt, the financial department will review the application and supporting documentation for accuracy and validity and verify that the funds remain on deposit with the court. Additional information may be requested to support your ownership of the funds. If appropriate, the Court will enter an order granting the application and directing the Bankruptcy Court Clerk to pay the unclaimed funds to the claimant.
*Any requests for unclaimed funds which appear to be based upon fraud will be referred to the U.S. Attorney for investigation and prosecution.*
Questions concerning these procedures should be directed to the Financial Section at 505-348-2435.
SEARCH FOR UNCLAIMED FUNDS
An unclaimed funds public search utility is located at https://ucf.uscourts.gov?court=nmb .
To search for funds deposited with the U.S. Bankruptcy Court, District of New Mexico, select NMB in the drop down box labeled "Court". Populate other fields, as appropriate, to narrow your search.
The unclaimed funds public search utility may also be used to search unclaimed funds records maintained in other bankruptcy courts by selecting their court name abbreviation in the drop down box. Each court maintains their own unclaimed funds records. Please contact individual bankruptcy courts for information regarding the status of and/or application procedures for release of unclaimed funds listed for their court.
Unclaimed funds held by the court in the Crestivew Funeral Home case may be viewed by clicking on the following link: Crestview Funeral Home -Trustee's Report
Unclaimed funds held by the court in the Furr's Supermarkets, Inc. case (*see note) may be viewed by clicking on the following links:
*Note: Furrs Supermarkets, Inc. A number of claimants have funds deposited under both the Chapter 11 and Chapter 7 reports. Please check both reports prior to submitting an application.