Distributions |
6 Months Ended |
|---|---|
Dec. 31, 2025 | |
| Distributions [Abstract] | |
| Distributions |
9) Distributions
The Plan provides for a distribution waterfall that specifies the priority and manner of distribution of available cash to Interestholders, excluding distributions to Qualifying Victims of net sales proceeds from Forfeited Assets (see Note 6 for additional information). Distributions are to be made (a) to the Class A Interests until they have received distributions of $75.00 per Class A Interest; thereafter (b) to the Class B Interests until they have received distributions of $75.00 per Class B Interest; thereafter (c) to each Liquidation Trust Interest (whether a Class A Interest or Class B Interest) until the aggregate of all distributions made pursuant to this clause equals an amount equivalent to interest, at a per annum fixed rate of 10%, compounded annually, accrued on the aggregate principal amount of all Net Note Claims, Allowed General Unsecured Claims and Net Unit Claims, all as defined in the Plan, treating each distribution pursuant to (a) and (b) above as reductions of such principal amount; and thereafter (d) to the holders of Allowed Subordinated Claims, as defined in the Plan, until such claims are paid in full, including interest, at a per annum fixed rate of 10% or such higher rate as may be agreed to, as provided for in the Plan, compounded annually, accrued on the principal amount of each Allowed Subordinated Claim. On August 3, 2023, the Supervisory Board, at the recommendation of the Liquidation Trustee, suspended the making of additional Trust distributions to Interestholders, pending the result of the investigation of a construction defect claim asserted against the Development Entity by the buyer of a single-family home sold by the Development Entity for approximately $60 million. At this time, it is unlikely that there will be another distribution, if any, to Interestholders until the construction defect claim and related litigation are resolved. Holders of Liquidation Trust Interests are advised that the Trust has one real estate asset and has resolved nearly all of its Causes of Action, and given the pending construction defect claim, the Trust is unable to estimate the timing and amount of future distributions. There were no new distributions to Interestholders declared and paid during the three and six months ended December 31, 2025 or 2024. There was a distribution declared and paid to Qualifying Victims in respect of Forfeited Assets during the three months ended December 31, 2024 (see Note 6 for additional information).
Distributions payable may change if Interestholders that were previously deemed to have forfeited their rights to receive Class A Interest distributions subsequently respond and if overpaid distributions are returned.
For every distribution, a deposit was made into a restricted cash account for amounts (a) payable for Class A Interests that may be issued in the future upon the allowance of unresolved claims, (b) in respect of Class A Interests issued on account of recently allowed claims, (c) for holders of Class A Interests who failed to cash distribution checks mailed in respect of prior distributions, (d) for distributions that were withheld due to pending avoidance actions and (e) for holders of Class A Interests for which the Trust is waiting for further beneficiary information.
During the three months ended December 31, 2025, distributions of approximately $27,000 were paid to holders of Class A Interests from the restricted cash account and distributions payable were reduced by the same amount. During the three months ended December 31, 2024, no amounts were paid to holders of Class A Interests. During the six months ended December 31, 2025 and 2024, distributions of approximately $40,000 and $70,000, respectively, were paid to holders of Class A Interests from the restricted cash account and distributions payable were reduced by the same amounts. During the six months ended December 31, 2024, as a result of claims being disallowed or Class A Interests being cancelled distributions payable to holders of Class A Interests of approximately $19,000 were released from the restricted cash account and distributions payable were reduced by the same amounts. During the three months ended December 31, 2025 and 2024, no distributions payable to holders of Class A Interests were released from the restricted cash account, and distributions payable to holders of Class A Interests were unchanged. There were no claims disallowed or Class A Interests cancelled during the six months ended December 31, 2025. During the three and six months ended December 31, 2025, approximately $541,000 was received from the Company’s transfer agent relating to Class A Interests distribution checks that were returned or not cashed. The amount was deposited into the restricted cash account and distributions payable were increased by the same amount. No amounts were received from the transfer agent during the three and six months ended December 31, 2024. During the three and six months ended December 31, 2025, approximately $800 of distributions were paid in excess of the amount in the restricted cash account, therefore distributions declared were increased by that amount. There were no such payments during the three and six months ended December 31, 2024. As a result of distributions checks that had not been cashed within 180 days of their issuance, Interestholders were deemed to have forfeited their rights to reserved and future distributions. Therefore, during the three and six months ended December 31, 2025, approximately $400,000 was released from the restricted cash account and distributions payable were reduced by the same amount. During the three and six months ended December 31, 2024, no distributions were deemed to have been forfeited. During the three and six months ended December 31, 2025, Interestholders that had previously been deemed to have forfeited their rights to receive Class A Interest distributions requested to receive past distributions and therefore approximately $51,000 was added to the restricted cash account and distributions payable were increased by the same amount. While the Trust has no obligation to make distributions to
Class A Interestholders who were deemed to have forfeited their right to
distributions, based on the circumstances, the Trust agreed to make these
payments. During the three and six months ended December 31, 2024, no Interestholders that were deemed to have forfeited their rights to receive Class A Interest distributions requested to receive past distributions.
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