SCHEDULE OF CLAIM DETERMINATIONS
Richard J. Fulkerson, Commissioner of Banking for the
State of Colorado, in his capacity as Liquidator of American Intercapital
Holding, LLC d/b/a American Intercapital Depository & Trust ("AIDT"), has
prepared the Schedule of Claim Determinations in the Liquidation of AIDT
("Schedule") pursuant to C.R.S. § 11-103-804(7)(c) and the Order Approving
Deadlines for Claim Determinations issued by the Denver District Court in Case
No. 07CV11222 (the “Court”) on July 31, 2008. [Click here
to view a copy of the Schedule of Claim Determinations.]
On December 15, 2008, the Schedule
is being filed with the Court. Creditors have until January
12, 2009 to file objections to this Schedule with the Court.
Any and all objections to the Schedule of Claim
Determinations MUST be in writing and received by the Court
on or before January 12, 2009.
MOTION TO APPROVE SETTLEMENT
AIDT has entered into a settlement agreement with one
of its creditors. Richard J. Fulkerson, Commissioner of Banking for the State
of Colorado, in his capacity as Liquidator and Receiver of AIDT (the
"Liquidator") moved the Denver District Court to approve the Settlement
Agreement on October 23, 2008. [Click here to view a copy
of the Motion to Approve Settlement and the Settlement Agreement.]
Creditors of AIDT must register any objections to the
Settlement Agreement with the Liquidator before November 23, 2008.
Objections to the Settlement Agreement MUST be in writing and received by the
Liquidator at the following address on or before November 23, 2008:
Colorado Banking
Commissioner Richard J. Fulkerson
Attn: AIDT Liquidator
1560 Broadway, Suite 975
Denver, Colorado 80202-5143
UPDATE - REQUEST FOR PROPOSAL TO PURCHASE
On March 27, 2008, the Deputy Receiver of AIDT, in his capacity as Ancillary
Receiver, submitted a Request for Proposal ("RFP"). [Click
here to view a copy of the Request for Proposals to Purchase.] If you have
an interest in conducting due diligence and submitting an RFP, you must complete
and sign a Confidentiality Agreement. [Click here to view
the Confidentiality Agreement.] The preliminary deadlines established by the
RFP are as follows:
● April 15, 2008 - Deadline for interested persons to submit
Confidentiality Agreement and non-refundable application fee of $5,000 made
payable to "AIDT Receiver;"
● May 9, 2008 - Deadline for interested persons to complete due diligence
from the Deputy Receiver; and
● June 1, 2008 - Deadline for interested persons to submit proposal to
purchase AIDT.
UPDATE – CLAIMS PROCESS HAS BEEN APPROVED – JANUARY 12,
2008:
On February 12, 2008, the District Court for the City and
County of Denver, State of Colorado issued an Order Establishing Claims Process
and Claims Bar Deadline in this matter. [Click here to
view a copy of the Notice.] The Order established the following claims
process and deadlines:
February
29, 2008: On or before February 29, 2008, the Liquidator will commence
publication of a notice of AIDT's liquidation and the Claims Bar Deadline. [Click
here to view a copy of the Notice.] The publication will occur once per
week for three successive weeks.
March 14,
2008: On or before March 14, 2008, the Liquidator will send to each
known creditor of AIDT at the last known address of such creditor as reflected
in the books and records of AIDT the following documents: (1) a notice of AIDT's
liquidation and the Claims Bar Deadline, (2) a statement of the amount of the
claim for the creditor as shown on the books of AIDT ("Statement of Claim"), and
(3) a Proof of Claim form. [Click here for a Proof of
Claim form.]
May 14,
2008: THE CLAIMS BAR DEADLINE: ALL CLAIMS IN THIS MATTER
MUST BE FILED BY 5:00 P.M. ON MAY 14, 2008.
On or before May 14, 2008 at
5:00 p.m. (the Claims Bar Deadline), any creditor that objects to the
Liquidator's claim amount determination must file an objection with the
Liquidator in accordance with the procedure set forth in the Statement of
Claim. To the extent any creditor has an additional claim not previously
identified by the Liquidator, that claim must be filed with the Liquidator on or
before May 14, 2008 on a Proof of Claim form. [Click here
for a Proof of Claim form.] Any claims filed after the Claims Bar
Deadline may be forever barred and precluded from sharing in the distribution of
the assets of AIDT.
June 13,
2008: On or before June 13, 2008, the Liquidator shall file a
report with the Court regarding the status of the preparation of the Schedule of
Claim Determinations, the objections of creditors, and the anticipated date for
the notice and filing of the Schedule of Claim Determinations as contemplated in
C.R.S. §§ 11-103-804(7) and (8).
THE INVOLUNTARY LIQUIDATION AND WHO TO CONTACT:
On
November 19, 2007, the Colorado Banking Board met in emergency session, pursuant
to C.R.S. § 11-103-802(3)(b), and issued its Order for Involuntary Liquidation
against American Intercapital Holding, LLC d/b/a American Intercapital
Depository & Trust ("AIDT"). The Board determined that AIDT had failed or
refused to return deposits to its depositor(s), that AIDT was unable to pay
depositors on demand, and that as of October 31, 2007, AIDT had a liquidity
deficiency of $6.9 million. [Click here to view a copy of
the Order for Involuntary Liquidation.]
Pursuant to the terms of the Order for Involuntary Liquidation, the Colorado
Banking Commissioner, as Liquidator, has taken possession and control of AIDT's
remaining assets, and is in the process of liquidating AIDT in accordance with
the Liquidation, Dissolution and Reorganization Act, C.R.S. § 11-103-802(3)(b),
et seq.
On
November 20, 2007, the Colorado Banking Commissioner appointed Philip Feigin to
serve as Deputy Receiver and Deputy Liquidator of AIDT. [Click
here to view a copy of the Order.]
On
December 20, 2007, the District Court for the City and County of Denver, State
of Colorado ("Liquidation Court") issued its Order Enjoining, Restraining and
Prohibiting Actions Impending the Orderly Liquidation of American Intercapital
Holding, LLC d/b/a American Intercapital Depository & Trust. [Click
here to view a copy of the Order.] Pursuant to the terms of the Order, all
third parties are enjoined and restrained from interfering with the orderly
liquidation of AIDT, and are further prohibited from commencing or further
prosecuting any actions or claims against AIDT, except in the Liquidation Court.
For
further information concerning the status of the liquidation of AIDT, please
contact Philip Feigin at Rothgerber Johnson & Lyons LLP, 1200 Seventeenth
Street, Suite 3000, Denver, Colorado 80202; (303) 623-9000.
What Is American Intercapital Depository & Trust?
- The first Old-World International Private Bank in the United States
- Legally mandated financial anonymity and asset protection equaling or exceeding the benefits of traditional offshore banking jurisdictions
- Client confidentiality, asset protection, tax mitigation, trust services and family office services, all in the most politically and economically secure country in the world
- A judicious blend of financial privacy, asset protection, and profitability to successful families and businesses, offering unique opportunities to build and preserve their wealth in accordance with the establishment of the Colorado Foreign Capital Depository Act
- American Intercapital Depository & Trust is a banking institution, chartered and regulated under the Colorado Foreign Capital Depository Act and the Colorado Banking Board.
"""
May 14,
2008: THE CLAIMS BAR DEADLINE: ALL CLAIMS IN THIS MATTER
MUST BE FILED BY 5:00 P.M. ON MAY 14, 2008.
On or before May 14, 2008 at
5:00 p.m. (the Claims Bar Deadline), any creditor that objects to the
Liquidator's claim amount determination must file an objection with the
Liquidator in accordance with the procedure set forth in the Statement of
Claim. To the extent any creditor has an additional claim not previously
identified by the Liquidator, that claim must be filed with the Liquidator on or
before May 14, 2008 on a Proof of Claim form. [Click here
for a Proof of Claim form.] Any claims filed after the Claims Bar
Deadline may be forever barred and precluded from sharing in the distribution of
the assets of AIDT.
June 13,
2008: On or before June 13, 2008, the Liquidator shall file a
report with the Court regarding the status of the preparation of the Schedule of
Claim Determinations, the objections of creditors, and the anticipated date for
the notice and filing of the Schedule of Claim Determinations as contemplated in
C.R.S. §§ 11-103-804(7) and (8).
THE INVOLUNTARY LIQUIDATION AND WHO TO CONTACT:
On
November 19, 2007, the Colorado Banking Board met in emergency session, pursuant
to C.R.S. § 11-103-802(3)(b), and issued its Order for Involuntary Liquidation
against American Intercapital Holding, LLC d/b/a American Intercapital
Depository & Trust ("AIDT"). The Board determined that AIDT had failed or
refused to return deposits to its depositor(s), that AIDT was unable to pay
depositors on demand, and that as of October 31, 2007, AIDT had a liquidity
deficiency of $6.9 million. [Click here to view a copy of
the Order for Involuntary Liquidation.]
Pursuant to the terms of the Order for Involuntary Liquidation, the Colorado
Banking Commissioner, as Liquidator, has taken possession and control of AIDT's
remaining assets, and is in the process of liquidating AIDT in accordance with
the Liquidation, Dissolution and Reorganization Act, C.R.S. § 11-103-802(3)(b),
et seq.
On
November 20, 2007, the Colorado Banking Commissioner appointed Philip Feigin to
serve as Deputy Receiver and Deputy Liquidator of AIDT. [Click
here to view a copy of the Order.]
On
December 20, 2007, the District Court for the City and County of Denver, State
of Colorado ("Liquidation Court") issued its Order Enjoining, Restraining and
Prohibiting Actions Impending the Orderly Liquidation of American Intercapital
Holding, LLC d/b/a American Intercapital Depository & Trust. [Click
here to view a copy of the Order.] Pursuant to the terms of the Order, all
third parties are enjoined and restrained from interfering with the orderly
liquidation of AIDT, and are further prohibited from commencing or further
prosecuting any actions or claims against AIDT, except in the Liquidation Court.
For
further information concerning the status of the liquidation of AIDT, please
contact Philip Feigin at Rothgerber Johnson & Lyons LLP, 1200 Seventeenth
Street, Suite 3000, Denver, Colorado 80202; (303) 623-9000.
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