Change chart in the Liquidating Trust Agreement

Aug 6th, 2022
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How to change chart in the Liquidating Trust Agreement

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hi Im family law attorney Kyle scoresby in a previous video we talked about preparing to divide up assets and debts in and the process that we talked about in that video was identifying all the marital assets categorizing them as either community property or separate property and valuing them once those three steps are done identifying the assets categorizing them as marital property and valuing them then youre ready to go on to the actual division of assets itself and remember its only the community property that gets divided thats why we have to categorize things as separate or community the community property is supposed to be divided yeah equitably which does not necessarily mean that each individual asset has to be divided up 5050 all it means is that the overall division of assets has to be fair and equitable in this example today were going to be talking about a couple that has a house with $50,000 of equity in it of boat worth twenty thousand dollars a truck that the husba

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A liquidating trust is a new legal entity that becomes successor to the liquidating fund. The remaining assets and liabilities are transferred into the newly formed trust and the former owners of the liquidating fund become unit holders or beneficiaries of the trust.
How do you wind up and terminate a liquidation trust efficiently and effectively? Identify the trust assets and liabilities. Be the first to add your personal experience. Liquidate the trust assets. Resolve the trust liabilities and claims. Distribute the trust proceeds. Terminate the trust. Heres what else to consider.
Wind-Down Trust Assets means all of the assets of the Debtors Estates existing immediately before the occurrence of the Effective Date, which assets shall be treated as transferred to and beneficially owned by the Wind-Down Trust as of the Effective Date.
For insolvency purposes, the trust estate is a debtor but not a body corporate (Magnum Financial Holdings v Summerly NO 1984 1 SA 160 (W) 163) which means that a trust is to be sequestrated and not liquidated.
Liquidating trusts ordinarily do not last more than five years; however, this period can be extended with bankruptcy court approval if there is remaining litigation to resolve or distributions to make.
Under the Trust Agreement (the Agreement) the liquidating trustee is authorized and directed to take all reasonable and necessary action to hold, conserve, and protect Trusts assets and to collect on, sell, or otherwise liquidate or dispose of Trusts assets, and to distribute the net proceeds of such disposition to
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)).
An organization will be considered a liquidating trust if it is organized for the primary purpose of liquidating and distributing the assets transferred to it, and if its activities are all reasonably necessary to, and consistent with, the accomplishment of that purpose.

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