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Aug 6th, 2022
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How to Blackout Liquidating Trust Agreement

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hi im louisa siddivat a liquidator and bankruptcy trustee todays work from home because our office is being renovated question is if im going through bankruptcy can i be a trustee of a trust what happens to the trust assets during my bankruptcy and can that trust run a business that i work for during my bankruptcy so this question has three parts to it firstly yes somebody can be trustee of a trust while they are an undischarged bankrupt something as a side note is that person that trusts that whole setup i highly recommend that its very clearly documented before its entered into what that setup is this is because while somebody is going through bankruptcy their asset assets in their name assets they own assets they have a beneficial interest in will generally vest in the trustee in bankruptcy that means they will come under the control of the bankruptcy trustee and form part of the bankrupt estate now there are some minor exceptions which ive dealt with in separate videos but t

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However, if a liquidating trust is established for a corporation that is in bankruptcy, an EIN for that trust is required.
A liquidating trust formed for the primary purpose of liquidating and distributing the assets transferred to it is taxed as a trust, and not as an association, despite the possibility of profit ( Reg. 301.7701-4(d)).
No, dissolving your revocable trust would not be a taxable event. You should be using one of your social security numbers for the revocable trust, so moving the funds from the trust to new transfer on death (TOD) accounts should be no different from moving money from accounts in your own names.
The purpose of a liquidating trust is to: Collect and hold assets and claims of the debtor as specified in the bankruptcy plan. Liquidate the trust assets. Resolve disputed claims. Make distributions to allowed claimholders in ance with the plan.
The objective of a liquidating trust is to expedite the wind-down process and to create efficiencies, allowing investors to receive proceeds in an orderly manner and removes the potential of liability claimed against the funds and/or its directors.
A liquidating trust formed for the primary purpose of liquidating and distributing the assets transferred to it is taxed as a trust, and not as an association, despite the possibility of profit ( Reg. 301.7701-4(d)).
Each unit holder will be provided a Grantor Letter which reports allocable share of all the various categories of income, gain, loss, deduction, and credit of the Liquidating Trust for the period January 1, 2021 December 31, 2021. This information should be used in determining your 2021 taxable income.
liquidating trustee: person or entity charged with carrying out the Plan of Liquidation while representing the estate of the debtors. counsel: lead counsel for the liquidating trust, who may also serve as liquidating trustee, and local counsel, who normally focuses on matters specific to the jurisdiction.

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