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

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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.
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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.
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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.