Lockton Settlement
Monday, 16 August 2010

   As mentioned in the Trustee's Newsletter of July 16, 2010, you can view the Lockton settlement agreement here (PDF).  Objections, if any, are to be filed with the Court by August 24th.  At this time we do not anticipate any objections being filed. 

 

 

 
Trustee's Newsletter #21
Friday, 16 July 2010
Dear Victims, Creditors and Interested Parties:
 
       We wanted to update you on the status of certain settlements and the status of the “Wave II” distribution.  As previously reported, settlement agreements have been reached with Lockton and Bank of America/Countrywide. Payment of the settlement amounts are not due until approval of the settlements by the class action court is final and non-appealable.   The final approval hearing for the settlement agreements is set to be heard by the class action court August 30, 2010.   The appeal period runs for 30 days after an order is entered.  The Class counsel will then direct the release of the distribution amount; checks will be sent out in approximately 7 – 10 days after final notice of amount and direction from Class counsel.  Based on this, it would appear that the Wave II distribution from the Qualified Settlement Fund will be made in the later half of October.  We anticipate that the class distribution will represent approximately 5% of claims.  
 
The second distribution from the bankruptcy estate will occur at approximately the same time.  We currently estimate that distribution will be in the 7% range.  
 
We will keep you updated as continued progress is made.  

Best Regards,
THE 1031 DEBTORS LIQUIDATION TRUST
 

Jerry A. McHale, Jr.

Gerard A. McHale, Jr., P.A.

Trustee

 
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IRS: QI Defaults on Obligation to Acquire and Transfer Replacement Property to the Taxpayer
Tuesday, 30 March 2010

The IRS today released an advance copy of Rev. Proc. 2010-14 which provides a safe harbor method of reporting gain (or loss) for certain taxpayers who initiate deferred like-kind exchanges under section 1031, but fail to complete the exchange because the qualified intermediary (QI) defaults on its obligation to acquire and transfer replacement property to the taxpayer.


For an electronic version of the revenue procedure (17 pages): Rev. Proc. 2010-14

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http://trustee1031taxgroup.com,