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Re: cowtown jay post# 345065

Saturday, 01/10/2015 2:29:04 AM

Saturday, January 10, 2015 2:29:04 AM

Post# of 346916
"Why should I have placed myself, only, on the restitution order, when I have the names and addresses of over 33,000 other shareholders who are not on the list?"

This makes no sense. Being a claimant on the restitution order has no legal affect on one's rights and remedies in a separate lawsuit or to file such.

Making a claim on a restitution order is not a waiver of claim or right.
If the statute of limitations had not passed and if one had any colorable claim against specific named individuals or entities based on evidence, one could still make any such claim even if one was on the restitution order as a claimant.

There is no "only on the restitution order", as one could be a claimant and simultaneously or subsequently be a litigant seeking full value of any claim.

If one prevailed on the separate legal case, the only effect of being a claimant on the restitution order would be to reduce the damages award by any amount actually received under the restitution order. This simply prevents one from obtaining more than the total amount of one's loss (excluding interest and any punitive damage award).

So you could have made a claim on the restitution award and it would not have affected your ability to "do something" "GOING FORWARD". But there is nothing to do GOING FORWARD anyway.

However, to have been a claimant, one would need to actually SIGN the claim affidavit and provide evidence of loss.

In any case, there is NO reason not to have filed a claim by 30 September 2014. Not filing a claim was simply foolish; it was like throwing away $100 bill (or more/less, depending upon how much one's claim was as a percentage of the claimant pool and the total recovery over the period of restitution).

It is not an "either or" situation. One should have filed a claim on the restitution order and also done whatever they plan to do GOING FORWARD.

BTW, what exactly is the PLAN GOING FORWARD?


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