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The following is an update from the Liquidation Trustee of the CFO Management Holdings Liquidation Trust:
On January 13, 2021, the Court entered its Findings of Fact, Conclusions of Law and Order Confirming Chapter 11 Trustee’s Second Amended Plan of Liquidation for Debtor CFO Management Holdings, LLC (with Technical Modifications and Certain Settlement Language) [Docket No. 663], confirming the Chapter 11 Trustee’s Second Amended Plan of Liquidation for Debtor CFO Management Holdings, LLC (with Technical Modifications and Certain Settlement Language) [Docket No. 659] (the “Plan,” available here) proposed by David Wallace in his capacity as Chapter 11 trustee for debtor CFO Management Holdings, LLC (the “Debtor”). The most recent supplement to the Plan, which includes the Investor Claims Schedule and the trust agreement for the resulting Trust (defined below), is available at Docket No. 757 (located here).
Occurrence of the Effective Date of the Plan
The Plan has become effective under its terms, and the “Effective Date” of the Plan took place on March 31, 2021.
Formation of the Liquidation Trust
In accordance with terms of the Plan, on the Effective Date, the Debtor is deemed dissolved and the CFO Management Holdings Liquidation Trust (the “Trust”) was formed, with David Wallace serving in the role of the Liquidation Trustee (the “Liquidation Trustee”).
All beneficiaries of the Trust whose claim was Allowed (as such term is defined in the Plan) as of the Effective Date (and for which the Liquidation Trustee had a valid mailing address) should have already received an initial distribution in accordance with the terms of the Plan. The initial distribution was equal to approximately 18% of the Allowed unsecured claims in the Debtor’s bankruptcy case, meaning that each Trust beneficiary should have received a distribution check of approximately 18% of that beneficiary’s Allowed unsecured claim.
All of the real estate assets held by the Debtor’s estate during the bankruptcy case were sold prior to the Effective Date. However, the Trust is actively pursuing causes of action in an effort to recover additional assets. While the Trust can make no representations at this time about further distributions (including the timing or amount of such distributions), Trust beneficiaries are expected to receive one additional distribution at the conclusion of the Trust’s liquidation efforts.
***PLEASE NOTE that, because litigation is ongoing, neither the Liquidation Trustee, his counsel, nor members of the Liquidation Trust Committee can provide information at this time as to the specific details of any future distribution.
The distributions to trust beneficiaries who are “Investor” creditors are based on the Allowed claim amounts listed on the Investor Claims Schedule, which is part of the Plan Supplement and starts on page 14 of the pdf here). In accordance with the Plan, all trust beneficiaries (i.e. unsecured creditors with Allowed claims) receive the same treatment with respect to the priority and percentage of distributions.
The Trust cannot provide information or guidance on whether or not it would be prudent to engage in a transfer of any beneficiary’s beneficial interest in the Trust to a “claims trader” at any given price. Transfers of beneficial interests are governed by Section 6.11 of the Plan.
Should you wish to change your address for purposes of distributions under the Plan, please notify the Liquidation Trustee in writing (email is preferred) at both of the addresses provided on the Notice of Occurrence of the Effective Date of the Plan of Liquidation for Debtor CFO Management Holdings, LLC [Docket No. 760] (located here).
Distributions to Beneficiary IRA Accounts
Note that, in accordance with the Plan, unless the Liquidation Trustee is otherwise directed, those unsecured “investor” creditors who hold a Debtor-related promissory note in a self-directed IRA or similar investment product for which the Liquidation Trustee has record will receive their distributions to that IRA or similar account. Accordingly, if you as a trust beneficiary close such an account, please contact the Liquidation Trustee to provide updated distribution-address information.
Please note that attached as Exhibit B to the Confirmation Order (located here) is a letter regarding the valuation of such promissory notes. Investor creditors in this case are encouraged to review the letter and consult with their individual counsel or tax advisors regarding the use of such valuation letter in connection with IRA or related tax matters that may be impacted by the value of the promissory notes at issue and any consequences of taking distributions directly or through an IRA.
The Trust will be issuing a grantor letter to each beneficiary to use for tax purposes. The letter will provide the beneficiary the trust activity that pertains to that beneficiary for the 2021 year. The Trustee expects that this letter will be sent in early 2022.
The above update is provided for general informational purposes only and in no way alters the terms of the confirmed Plan and the related Court-approved documents. The Plan, the Court order approving the Plan, and other pleadings in these cases and supporting papers can be viewed and downloaded for free through this website under the “Court Docket” tab.
If you have any questions, please contact Suzanne Cotton, a paralegal with Singer & Levick, PC, counsel to the Liquidation Trust with respect to certain matters. She may be reached via phone: 972.380.5533 or via email: firstname.lastname@example.org.
***PLEASE NOTE that there may be charges borne by the Trust (in the form of attorney or other professional fees) associated with a creditor or trust beneficiary’s communications with any billing professional hired by the Liquidation Trustee, including those at Ross & Smith, PC, Singer & Levick, PC, and KCC.