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Only certain claimants are required to file a proof of claim, as set forth in more detail in the Bar Date Notice. Harvey One Bryant Park New York, NY 10036 https:// 212.872.1000 Fax: 212.872.1002 Michael S.
Click on "Submit a Claim" above to download the Bar Date Notice, a proof of claim form and for more information regarding filing a claim against the Debtors. Market St., 16th Floor PO Box 1347 Wilmington, DE 19899-1347 Phone: 302.658.9200 Fax: 302.658.3989 Robert J.
By establishing a liquidating trust pursuant to section 1123(b)(3) in a confirmed plan of reorganization or liquidation, a debtor can transfer causes of action and other assets to a trust, for future liquidation and distribution to the debtor’s creditors, and avoid delaying plan confirmation.
The creditors become the trust beneficiaries and their claims are paid from trust assets by a waterfall established pursuant to the plan.
Business organizations that are dissolving may wish to use a liquidating trust in order to delegate the administration of the winding up process.
While the managers of a business may be well-suited for the tasks of running a going concern, their talents may not be optimal for the winding down process, which consists of marshaling and selling assets, making distributions to and communicating with creditors and estimating reserves.
Treasury Regulation 301.7701-4(d), 26 CFR § 301.7701-4(d) (“Treas. 301.7701-4(d)”) provides for establishment of a liquidating trust as a grantor trust, such that it will be a pass-through entity for tax purposes, without an entity-level tax. The plan, disclosure statement, and trust agreement must provide that the beneficiaries of the trust will be treated as the grantors and deemed owners of the trust and that the trust instrument (or plan if a separate trust agreement does not exist) requires the trustee to file returns for the trust as a grantor trust pursuant to section 1.671-4(a) of the Income Tax Regulations, 26 CFR § 1.671-4(a).Absent this provision, a debtor would be required to investigate and prosecute all avoidance and other causes of action prior to confirming a plan, which may take years.Section 1123(b) (3) of the Bankruptcy Code facilitates the use of a liquidating trust for prompt administration of the estate by providing post-confirmation standing to an appointed representative of the estate to enforce claims and interests.On November 15, 2016, the Bankruptcy Court entered an order confirming the Plan.On December 2, 2016, the Effective Date of the Plan occurred, and the Plan was consummated. Washington, DC 20036 https:// 202.887.4000 Fax: 202.887.4288 Kevin M.