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Additionally, bankruptcy is not the only forum for liquidation of distressed companies, only the most common.

This article provides a synopsis of some of the various types of liquidations.

Opinion Re: Motion For Summary Judgment Trustee's Motion for Partial Summary Judgment Pursuant to Federal Rule of Bankruptcy Procedure 7056 Filed by PN Chapter 11 Estate Liquidating Trust, through its Liquidation Trustee Represented by AARON S APPLEBAUM.

Mc Carroll of Reed Smith, LLP on behalf of Aramid Liquidating Trust, Ltd..

Chapter 11 Plan due by 10/14/2014, Disclosure Statement due by 10/14/2014, Initial Case Conference due by 7/14/2014, Filed by James C.

(Mc Carroll, James) (Entered: 06/13/2014) Declaration of Geoffrey Varga In Support of Chapter 11 Petition And First Day Pleadings filed by James C.

As chapter 11 filings increase, so will the number of chapter 11 liquidations. §1146(c) provides that "The issuance, transfer or exchange of a security, or the making or delivery of an instrument of transfer under a plan confirmed under §1129 of this title, may not be taxed under any law imposing a stamp tax or similar tax," failing to pay other taxes could create personal liability for the liquidation trustee if the liquidation trust's assets are depleted. The court held the trustee personally liable under 26 U. Although the trustee in Hemmen was not held personally liable for taxes, it is an example of the caution a liquidation trustee must exercise in administering the liquidation trust.

After confirmation and appointment, the liquidation trustee then serves as the liquidation trust's representative and is responsible for complying with the trust agreement (and confirmation order), liquidating the assets and making distributions to trust beneficiaries. This necessitates a liability policy and/or an indemnity agreement to protect the liquidation trustee from errors and omissions. As a "trustee," a liquidation trustee has potential exposure for numerous liabilities.

The liquidation trustee in essence has the duties and responsibilities of a state law trustee, including fiduciary duties to the liquidation trust. Liability for such errors and omissions is not necessarily limited to such insurance proceeds.

(the “Corporation”), was not required to specifically preserve bankruptcy-created rights of the Corporation against its former principal. In a chapter 11 case, the management of a debtor normally maintains control and operations of the company during the reorganization process, subject to certain restrictions under the Bankruptcy Code. These claims revolved around the principal’s alleged breach of fiduciary duty to the Corporation. The policy underlying the proper reservation of claims is grounded on “the nature of a bankruptcy, which is designated to secure prompt, effective administration and settlement of all debtor’s assets and liabilities within a limited time.” Creditors are entitled to notice either because the claims would enlarge the bankruptcy estate (and thus provide a higher recovery) or the creditors might be targets under the plan. While the Bankruptcy Court was correct in determining that section 1123(b)(3) uses the term “claim” and does not expressly require reservation of non-dischargeability actions pursuant to section 523 of the Bankruptcy Code, arguably the Court ignored that section 1123(b)(3) provides for the reservation of both “claims” and “interests.” Unlike the term “claims,” the term “interests” is not defined in the Bankruptcy Code and generally is understood to have a broader meaning. Unfortunately, these questions were not addressed in the Bankruptcy Court’s opinion, but hopefully they will be addressed in future opinions. Categories: Recent News Tags: Gulf States Long Term Acute Care of Covington LLC, Laguna Madre Oil & Gas II LLC, liquidating trust, LLC, permissive plan provisions, plan reservation of claims, R.

The Corporation was initially placed in an involuntary chapter 7 liquidation proceeding, but a month later converted to a chapter 11 reorganization case. In the principal’s individual bankruptcy, the liquidating trustee appointed under the Corporation’s confirmed plan filed an action against the principal to determine that certain claims that the Corporation had against the principal were non-dischargeable, pursuant to section 523(a)(4) and (a)(6) of the Bankruptcy Code. Therefore, according to the Bankruptcy Court, the chapter 11 plan was not required to specifically reserve this type of action.

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