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.
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.
If any listed holder fails to contact the Trustee by December 31, 2012, the Trustee reserves its right to vest such holder's unclaimed Distributions in the AC Liquidating Trust.Further, the Trustee reserves the right to treat the entitlement to future Distributions, to the extent such entitlement exists, of a holder failing to respond by December 31, 2012 as extinguished and forever barred, with no further obligation of the Trustee to make any future Distribution.Section 541(a) of the Bankruptcy Code provides that the petition creates an estate of “all legal or equitable interests of the debtor in property as of the commencement of the case.” 11 U. Liquidating trusts can be effective tools to wind down any business enterprise, including debtors in Chapter 11 bankruptcy cases and entities that dissolve outside of bankruptcy. To that end, in a Chapter 11 case, a debtor’s exclusive right to file a plan is limited to 120 days (subject to extensions for cause), but once a plan is confirmed, the bankruptcy estate ceases to exist and the debtor loses its status as debtor in possession, including its authority to act as a bankruptcy trustee and pursue estate claims.ALONZO F MORRIS ANN R WOJCIK ANNA A ANASTASIOU CAPT.
ROBERT RYDER CARY HAMMER CHERYL A HALASZYNSKI COMPLIANCE SOLUTIONS DAVID MOOSMAN EMM IMPORT/EXPORT INC.The plan provided that, with certain exceptions not relevant here, all of Alameda’s rights, title and interest in and to Alameda’s assets were “irrevocably transferred, absolutely assigned, conveyed, set over and delivered to the Alameda Liquidating Trust” for the benefit of the trust beneficiaries.Although the liquidating trustee and the trust were involved in the management of West Lakeside for the first couple of years post-confirmation, by 2011 AKT began to question whether the trust had voting rights in West Lakeside, or was instead the holder of only an economic interest. Section 1123 provides a mechanism for the appointment of a liquidating trustee that will serve as a continuing representative of the estate and become the “functional equivalent” of a chapter 11 trustee.Undeliverable and Unclaimed Distributions In making distributions to holders of Beneficial Interests in the AC Liquidating Trust, certain distributions have been returned to the Trustee as undeliverable or have gone unclaimed.The Trustee, in its capacity as the Disbursing Agent, has used commercially reasonable efforts to determine the mailing address for all holders of Trust Beneficial Interests including, without limitation, the below listed holders of Beneficial Interests in the AC Liquidating Trust.The creditors become the trust beneficiaries and their claims are paid from trust assets by a waterfall established pursuant to the plan.