MOTION TO APPROVE SETTLEMENT
AIDT has
entered into a settlement agreement with one of its creditors. Fred J.
Joseph, Acting 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 June 24, 2009.
[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 July 14, 2009. Objections to the Settlement
Agreement MUST be in writing and received by the Liquidator at the following
address on or before 5:00 p.m. MST, July 14, 2009:
Fred J. Joseph
Acting Colorado Banking Commissioner
Attn: AIDT Liquidator
1560 Broadway, Suite 975
Denver, Colorado 80202-5143
.
NEW DEADLINE FOR OBJECTING CREDITORS TO FILE REPLY BRIEFS
Four creditors
of AIDT filed objections to the Amended Schedule of Claim Determinations
filed by Fred J. Joseph, Acting 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"), on December 15,
2008. The Liquidator filed his responses to the objections on February 11,
2009.
On February 24, 2009, the court extended the deadline for the objecting
creditors to file replies in support of their objections. The objecting
creditors now have up to March 4, 2009 at 5:00 p.m. to file their replies.
.
UPDATE ON OBJECTIONS TO THE AMENDED SCHEDULE OF CLAIM DETERMINATIONS
Four creditors
of AIDT filed objections to the Amended Schedule of Claim Determinations
filed by Fred J. Joseph, Acting 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"), on December 15,
2008. The Liquidator must respond to the objections on or before February
11, 2009 and the objecting creditors must file their replies in support of
their objections on or before February 25, 2009. Because they did not
object, the claim determinations for all other creditors of AIDT are now
fixed and undisputed. See C.R.S § 11-103-804(8). However, because the
objections may affect the amount of level II depositor claims (see C.R.S §
11-103-804(9)(a)(II)), the Liquidator is unable to file a request with the
Court to make partial distribution to the holders of claims that are
undisputed until the objections are resolved. See C.R.S § 11-103-804(8).
Once the objections are resolved, the Liquidator will post another update on
this website.
FILING OF THE SCHEDULE OF CLAIM DETERMINATIONS
Fred J.
Joseph, Acting 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"), filed the Amended Schedule of
Claim Determinations in the Liquidation of AIDT on December 15, 2008. [Click
here to view a copy of the Amended Schedule of Claim Determinations filed on
December 15, 2008.]
Creditors have until January 12, 2009 to file
objections to this Amended Schedule with the Court. Any and all objections
to the Amended Schedule of Claim Determinations MUST be in writing and
received by the Court on or before January 12, 2009.
AMENDED SCHEDULE OF CLAIM DETERMINATIONS
Fred J. Joseph, Acting 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"),
amended the Schedule of Claim Determinations in the Liquidation of AIDT on
December 3, 2008 to reflect that the settlement agreement referenced below
will not be implemented. [Click here to view a copy of
the Amended Schedule of Claim Determinations.]
On December 15, 2008, the Amended Schedule of Claim
Determinations is being filed with the Court. Creditors have until
January 12, 2009 to file objections to this Amended Schedule with the Court.
Any and all objections to the Amended Schedule of Claim Determinations MUST
be in writing and received by the Court on or before January 12, 2009.
STATUS OF PROPOSED SETTLEMENT
Fred J. Joseph,1
Acting 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"), filed a Motion To Vacate Order Approving
Settlement with the Denver District Court on December 3, 2008, requesting
that the Court not approve the settlement agreement AIDT had reached with
one of its creditors. [Click here to view a copy of
the Motion To Vacate Order Approving Settlement.] For the reasons
outlined in the Motion, the settlement agreement will not be implemented.
1 Richard J. Fulkerson served as the
Commissioner of Banking of the State of Colorado through November 20, 2008.
Fred J. Joseph now serves as the Acting Commissioner of Banking of the State
of Colorado and, in that capacity, is the successor of Mr. Fulkerson to
serve as Liquidator and Receiver of AIDT.
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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