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Stockholders in the company become unit holders a/k/a beneficiaries of the trust.The trust units are not tradable but shares of stock in a company that has dissolved are typically are no longer tradable either.In the role of liquidating trustee, (beginning before the trust is formed) we administer and manage the liquidating trust to sell remaining assets, settle open contracts, pay creditors and distribute any available funds to the company’s former stockholders. On the contrary, we prefer to be retained early enough in the wind down process to avoid insolvency and transition smoothly from the public entity to the liquidating trust structure.A liquidating trust is a new legal entity that becomes a successor in interest to the liquidating company at the point the company dissolves and all its assets and liabilities move to the trust.Conclusion The contours of mandatory subordination under section 510(b) remain difficult to determine.

The Court explained that its ruling was further supported by the fact that two of the sellers had previously entered into stipulations with the estate in which their claims were allowed as general unsecured claims, which “weaken[ed] the Trust’s effort now to recharacterize the Make-Whole Amounts as equity interests [which are subject to mandatory subordination].”6 In re Touch America Holdings, Inc.

With its patented design, the Golden Touch allows therapists to perform massage, facials, pedicures and manicures all on one table, while clients experience luxurious comfort....

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In re Nations Rent, Inc.3 Prior to its chapter 11 filing, Nations Rent acquired a number of companies in return for both up-front consideration, including stock, cash and a promissory note, and certain deferred consideration.

Courts have generally interpreted the term “arising from” in section 510(b) broadly in order to give effect to the policy underlying this section, which is to “prevent disappointed shareholders from recovering their investment loss by using fraud and other securities claims to bootstrap their way to parity with general unsecured creditors.”1 While a claim holder need not have been a shareholder of the debtor to be subject to mandatory subordination, a claim unrelated in a significant way to the purchase or sale transaction should not be subordinated.2 Three recent decisions from the District of Delaware illustrate the scope of section 510(b)’s mandatory subordination.




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