28 U.S.C. § 2042
Withdrawal
No money deposited under section 2041 of this title shall be withdrawn except by order of court.
In every case in which the right to withdraw money deposited in court under section 2041 has been adjudicated or is not in dispute and such money has remained so deposited for at least five years unclaimed by the person entitled thereto, such court shall cause such money to be deposited in the Treasury in the name and to the credit of the United States. Any claimant entitled to any such money 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.
Notes of Decisions
Cited in 144
cases (36 in the last 5 years), 1951–2026 · leading case: Richard Leider v. United States, United States Treasury Department, and Paul H. O'neill, Secretary of the Treasury
Richard Leider v. United States, United States Treasury Department, and Paul H. O'neill, Secretary of the Treasury (2002)
“” 28 U.S.C. § 2042 (2000). Thereafter, a creditor entitled to any of the funds may file a claim with the bankruptcy court, and if the claim is approved, the Treasury Department issues a check to the creditor in the principal amount of his or her distributive share.”
Gravatt v. United States (2011)
“28 U.S.C. § 2042 Plaintiff next identifies 28 U.”
United States v. Beach (1997)
“According to the government, the district court properly treated Beach’s motion as a petition under 28 U.S.C. § 2042 , which provides that “[a]ny claimant entitled to any such money [held in the registry of the court] may, on petition to the court and upon notice to the United…”
Six (6) Mexican Workers v. Arizona Citrus Growers Bodine Produce Company, Inc. Robert Fletcher, D/B/A Fletcher Farms (1990)
“2d at 1255; see 28 U.S.C. § 2042 . 3) Reversion to the defendants In Van Gemert v.”
Rivera v. United States (2012)
“Second, 28 U.S.C. § 2042 is not money-mandating.”
In Re: The Georgian Villa, Inc., Debtor. The Georgian Villa, Inc. v. United States of America Georgia Department of Reve (1995)
“On March 4, 1992, Georgian Villa filed a motion to reopen the case and for payment of the unclaimed funds to the debtor pursuant to 28 U.S.C. § 2042 (1988). The bankruptcy court denied Georgian Villa’s motion for payment of the unclaimed funds on October 7, 1992, and ordered the…”
Clark v. Strayhorn (2006)
“1984) (discussing 28 U.S.C.A. § 2042 ). Claimants were still permitted to petition the court for return of their funds.”
In re: Augustine Pena, III (2019)
“%20%C2%A7%202042"> 28 U.S.C. § 2042 , the secured creditors had five years to claim the funds.”
United States v. 14.02 Acres of Land More or Less in Fresno County (2008)
“…share of the award by presenting appropriate documentation to the district court. 28 U.S.C. § 2042 . 2 . Sawyer’s discussion of the Flood Control Act of 1944 and its restriction on the construction of new transmissi”
In re Rodriguez (2013)
“Before the court is an ex parte application for payment of unclaimed funds filed pursuant to 28 U.S.C. § 2042 on behalf of the debtor’s brother Robert Peterson (“Peterson”).”
Treasurer of New Jersey v. United States Department of the Treasury (2012)
“1957), where we addressed the status of private funds that were not claimed in bankruptcy proceedings and thus were transferred to the United States Treasury for administrative purposes under 28 U.S.C. § 2042 , the successor legislation to the statute in issue in <a…”
In Re Acker (2002)
“The court will enter an order pursuant to 28 U.S.C. § 2042 , 5 directing the withdrawal of the funds and payment to the Claimant, only upon a demonstration by the Claimant of a present right to the funds.”
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