On April 2, 2016, The Receiver made the second interim distribution mailing out checks to the Investors. The Postal Service has returned a number of checks to us as undeliverable, i.e., that the address we have on file was incorrect. The Investors for whom checks have been returned are:
Carl R. Douglass
E.C.A. Century (c/o Richard Brasmer)
Reed M. Fothergill
James Kisling, Jr.
Edie Denne Pike
Ralph C. Redenbaugh
Estate of Barbara K. Stanford
The W.M. & E.M. Richards Revocable Trust (c/o Elaine Richards)
If your name is on this list, you have until April 3, 2017 to provide the Receiver with your current address. If you do not, you will forfeit your right to receive payment in this distribution. The money that would have been paid to you will be kept by the estate. You will retain your claim but you will not be entitled to any additional payments to catch up for this distribution. Further, you will not be entitled to receive any future distributions until you provide the Receiver with a current address. At pages 16-17, the Plan provides:
D. Undeliverable Distributions
1. Holding of Undeliverable Distributions
If any distribution to a holder of an Allowed Claim or Allowed Interest is returned to the Receiver as undeliverable, no further distributions will be made to such holder unless and until the Receiver is notified by written certification of such holder’s then-current address.
2. Failure to Claim Undeliverable Distributions
Any holder of an undeliverable distribution related to an Allowed Claim or Allowed Interest who fails to make the required certification to the Receiver within one year after the date on which a distribution was deliverable to such holder but returned to the Receiver as undeliverable, shall not be entitled to such undelivered distribution and will be forever barred from asserting any Claim or Membership Interest in such undelivered distribution. Unclaimed cash will become property of the estate, free of any restrictions thereon. Nothing contained in the Plan will require the Receiver to attempt to locate any holder of an Allowed Claim or Allowed Interest, except that the Receiver shall maintain and post on his website, a list of Claimants whose distributions were returned as undeliverable.
Although he is not required to try to locate Investors who have not provided current addresses to him, the Receiver has attempted and will continue to attempt to contact Investors for whom distributions checks have been returned as undeliverable. Investors should not rely on the Receiver's efforts to locate them. It is each Investor's responsibility to make sure that we have current contact information. Simply filing a change of address or forwarding order with the Postal Service is not enough. Forwarding orders expire after a short period of time and the Postal Service does not forward mail forever. When you move, you need to file a change of address with the Receiver. A change of address form is available on the "Forms" page of this website.