Motion for Interpleader Deposit (28 U.S.C. Section 1335)

CSD

Local Rule #

Federal Rule #

Category: Motions/Applications

 
    
This document event is used to deposit interpleader funds with the court that are subject to conflicting claims of ownership, as defined by the IRS. (See the Quick Note)  Only a non-owner or third party can use this document event to deposit interpleader funds.

  1. Select Bankruptcy or Adversary menu.
  2. Select Motions/Applications.
  3. Ensure correct case name and number match the document you are filing.
  4. Select party filer.
    • Party filer not listed, Add/Create New Party.
  5. Select Document Event: Interpleader Deposit (28 U.S.C. Section 1335)(Motion).
  6. Select Yes or No for Does the complainant/litigant have an interest in the deposit?
    • If Yes is selected, you will not be able to continue.  Contact finance @619-557-5376 for guidance.
    • If No is selected, continue to Step 7.
  7. Browse, verify and attach the document (PDF file).
    • Attach supportive documents, if applicable.
  8. Refer to existing event(s)?.
    • Bypass if this is the original motion.
    • Check box if this is an amended Motion, amending the original motion.
      • Select the original motion.
  9. Modify test to add pertinent information, such as Amended, if applicable.
  10. Verify final docket text before submitting onto case docket.
  11. Print the Notice of Electronic Filing. It's your receipt.
  12. Continue with uploading e-order.

Quick Note

 

What is a Disputed Ownership Fund?

 

  • The IRS defines a disputed ownership fund (DOF) as a fund established to hold money or property subject to conflicting claims of ownership.

  • IRS regulations specifically identify interpleader funds deposited under 28 USC §1335 as DOFs.

  • Interpleader funds are deposited with the court by a non-owner, third party for court determination of ownership.

  • Invested in the court’s registry pending the court’s determination of ownership and entry of a disbursement order.

 

 

    
   

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