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Re: austin01 post# 591852

Tuesday, 10/15/2019 5:59:08 PM

Tuesday, October 15, 2019 5:59:08 PM

Post# of 730171
"On June 30, 2019, the DCR disallowed the remaining General Unsecured Claims. The remaining cash of $24,132 became available as unencumbered assets of the Trust."



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DCR - DISPUTED CLAIMS RESERVE

In addition, the Liquidating Trustee administers the Disputed Claims Reserve (“DCR”). Holders of claims that have
not been allowed did not receive cash or LTIs as part of the Initial Distribution, and such assets were transferred to
the DCR pending resolution of claims. Since the Effective Date, the DCR balances have changed due to the
disallowance or allowance of disputed claims as well as payment on behalf of LTIs held by the DCR.

Pursuant to the Plan and the Liquidating Trust Agreement, the Liquidating Trustee (A) treats the DCR as a “disputed
ownership fund” governed by Treasury Regulation section 1.468B-9 (and will make any appropriate elections) and
(B) to the extent permitted by applicable law, reports consistently with the foregoing for state and local income tax
purposes. Accordingly, the DCR is a separate taxable entity for U.S. federal income tax purposes, and all
distributions from such reserve are taxable to the reserve as if sold at fair market value. Any distributions from the
DCR will be treated for U.S. federal income tax purposes as if received directly by the recipient from the Debtors on
the original claim or equity interest of such recipient.

As of June 30, 2019, the Statement of Net Assets reflects a balance of $0 for DCR assets. On June 30, 2019, the
DCR disallowed the remaining General Unsecured Claims. The remaining cash of $24,132 became available as
unencumbered assets of the Trust.

As discussed in Note 2, value is available to Class 18 Subordinated Claims, subject to the final treatment of a claim
that was removed from the registry due to a stipulation executed in May 2012. Per such stipulation, the claimants
could refile their claim once value is available to Class 18 Subordinated Claims. It is unknown whether such claim
will be refiled. Furthermore, there are additional disputed subordinated claims that were filed as unliquidated.
Given these circumstances, funds are held at the Trust rather than the DCR. Once addressed, funds held in reserve
may be placed in the DCR in accordance with the distribution mechanics set forth in the Plan.

SO DCR ASSETS MOVED TO LT AND READY FOR DISTRIBUTIONS,IMO.


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