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| Forms and Instructions - Recent Status - Chapter 11 Trustee Reports - Creditor's Comm. Updates - Contact Information |
September 7, 2001 Trustee's Report
September 7, 2001 Having received an order from the Court, the Trustee will file an amended Schedule F with the Court, listing over 2000 certificate holders, totaling $213,787,079.60 on Monday, September 10, 2001. Additionally the Trustee will provide the Court with a revised mailing matrix listing the names and addresses of the certificate holders. The Trustee will mail a notice to each certificate holder listed providing them information about the bankruptcy and filing a Proof of Claim. It will indicate that if they have previously filed a Proof of Claim, they will not have to file a new Proof of Claim. The Trustee has received many questions regarding his notice about objections to claims filed by intermediaries. Below are examples, which will try to answer these questions.
The investor has set up a trust with an offshore trustee and the offshore trustee filed a claim as follows: XYZ Offshore Trustee, offshore trustee’s address. The Chapter 11 Trustee will object, because the claim is not filed in the name of the trust. The investor has set up a trust with an offshore trustee and the offshore trustee filed a claim as follows: Name of Trust as listed on certificate, c/o offshore trustee, offshore trustee’s address. The Chapter 11 Trustee will not object, because the claim is filed in the name of the trust. The Trustee will review the claims filed and file objections after the asset recovery phase and before a plan has been filed with the Court for distribution of funds. Any claim objected to will be notified to in writing and given an opportunity to respond and/or be heard in Court.
It is important you keep the Court advised of any change in your address. If you need to change your address after you have filed a Proof of Claim, file it with the Court and not the Trustee.
Many investors have sent me the names and addresses of their broker, who sold them their Evergreen certificate. Thank you. This is very helpful. If you have not sent in this information, please send it to the Trustee at the above e-mail, fax or address. R. W. (Bill) Cuthill, Jr., Trustee |
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| Official Committee of Unsecured Creditors for Evergreen Security, Ltd. |