Claims Process

On December 1, 2017, the Receiver filed an Unopposed Motion to Approve (1) Second Interim Distribution; (2) Determination of Late-Filed Claim; and (3) Disbursal of Funds.  The Report may be viewed here. 

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On December 17, 2015, the Court entered an Order granting the Receiver’s Motion to (1) Approve Determination and Priority of Claims, (2) Pool Receivership Assets and Liabilities, (3) Approve Plan of Distribution and First Interim Distribution, and (4) Establish Objection Procedure (the “Claims Motion”).  A copy of the order can be found here. 

By granting the Claims Motion, the Court adopted an objection procedure which allows each claimant to object to the determination of
his/her claim, claim priority, and/or to the plan of distribution. The deadline for objections is January 13, 2016.On December 24, 2015, the Receiver will mail each claimant a letter informing the claimant of this procedure for serving a written objectionand other relevant information. Click  herefor a sample copy of this letter. If you do not receive a letter from the Receiverwithin a reasonable time and you believe that you should have received one, please contact Mary Gura at (813) 347-5121. A full copy of the objection procedure approved by the Court can be found  hereat pages 49 through 51. Failure to properly and timely serve an objection to the Receiver’s claim determination, claim priority, or plan of distribution on or before January 13, 2016 will permanently waive and bar the claimant’s right to object to or contest the Receiver’s claim determination, claim priority, and plan of distribution, and the final claim amount will be set as the Allowed Amount determined by the Receiver and approved by the Court as set forth in the Exhibits attached to the Claims Motion. The Court also approved the Receiver’s plan of distribution which contemplates a first interim distribution to be made on a pro rata basis and subject to certain exceptions discussed in the Claims Motion. At this time, the Receiver anticipates an interim distribution to claimants with Class 1 allowed claims with a positive Allowed Amount, i.e., to investors who suffered losses as determined by the Receiver and approved by the Court.  The Receiver has received Court-approval to distribute 26% of the Allowed Amounts.  He intends to make the distribution promptly after the deadline for objections has expired and he has had an opportunity to review any objections that are submitted.  Although the Receiver does not foresee any delays, there is a chance that an objection could interfere with the timing of this distribution.  If you have any questions regarding this order or the claims process, you may contact Jordan D. Maglich at (813) 347-5115 or jmaglich@wiandlaw.com.
 

On September 9, 2015, the Receiver filed a Motion To (1) Approve Determinations And Priority Of Claims, (2) Pool Receivership Assets And Liabilities, (3) Approve Plan Of Distribution And A First Interim Distribution And (4) Establish Objection Procedure.   A copy of the Motion can be found here. Each Claimant will receive a letter in the near future identifying their claim number.  

 
4/1/2015 - Court Grants Receiver's Motion to (1) Approve Proof of Claim Form and Procedure to Administer Claims, (2) Establish Deadline for Filing Proof of Claim, and (3) Permit Notice by Mail and Publication and Incorporated Memorandum
On March 27, 2015, the Court entered an Order granting the Receiver’s Motion to (1) Approve Proof of Claim Form and Procedure to Administer Claims, (2) Establish Deadline for Filing Proofs of Claim and, (3) Permit Notice by Mail and Publication.  A copy of the order can be found here. 


By granting the Receiver’s Motion, the Court has approved a procedure for each person or entity who 
thinks that he or she may have a claim against the Receivership to submit a claim to the Receivership assets. If you believe you may have a claim arising out of or in any way related to the acts, conduct or activities of the Receivership Entities, you MUST submit an original, written Proof of Claim Form as set forth in the Claim Process Instructions and Proof of Claim Form.  The Proof of Claim Form must be received by the Receiver on or before June 30, 2015.  FOR INVESTORS, THIS IS THE PROCEDURE BY WHICH YOU MAY SEEK TO RECOVER FOR YOUR LOSSES FROM THE RECEIVERSHIP.

On April 1, 2015, the Receiver mailed each known investor, other known potential creditors, and certain other individuals a letter advising of this procedure, a Proof of Claim Form, and the Claims Process Instructions.  Click here for a sample copy of this letter. If you did not receive a letter from the Receiver and you believe that you should have received one, please contact Mary Gura at (813) 347-5100 or mgura@wiandlaw.com.  Alternatively, a copy of The Proof of Claim Form can be found here and a copy of the Claims Process Instructions can be found here.

THE CLAIMS BAR DATE IS JUNE 30, 2015.  ANY PERSON OR ENTITY WHO FAILS TO SUBMIT A PROOF OF CLAIM TO THE RECEIVER ON OR BEFORE THE CLAIMS BAR DATE (JUNE 30, 2015) SHALL BE FOREVER BARRED AND PRECLUDED FROM ASSERTING A CLAIM AGAINST THE RECEIVERSHIP OR RECEIVERSHIP ENTITIES. 

  
2/11/2015 - Receiver Sends Correspondence to Tri-Med Investors

On February 10, 2015, the Receiver mailed a letter to each  investor regarding the filing of Motion relating to claims process and other efforts and events.  The letter is available for your review here.


2/11/2015 - Receiver Files Motion Relating To Claims Process & Distributions To Investors 

On February 9, 2015, the Receiver filed a Motion to (1) Approve Proof of Claim Form and Procedure to Administer Claims, (2) Establish Deadline for Filing Proof of Claim, and (3) Permit Notice by Mail and Publication and Incorporated Memorandum of Law (the “Motion”).  

Receiver’s Motion to (1) Approve Proof of Claim Form and Procedure to Administer Claims, (2) Establish Deadline for Filing Proof of Claim, and (3) Permit Notice by Mail and Publication and Incorporated Memorandum of Law

Exhibit A – Proof of Claim Form

Exhibit B – Claims Process Instructions

Exhibit C – Notice of Deadline Requiring Filing of Proof of Claims

Exhibit D – Acknowledgement Letter

Exhibit E – Proposed Order Granting Motion

The Motion asks the Court to establish a claims process which will be used to finalize the amount of money to which each investor and other creditor will be entitled and then to make distributions of money from the Receivership estate.