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How to Faint sign in the Liquidating Trust Agreement

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welcome back everybody i am your host as always gary winter this is our next video in our trust 101 series for trustees and beneficiaries of trust and welcome to the first video in phase two which is liquidating assets and paying bills for those of you who havent seen our previous videos in phase one i encourage you to go back and check those out we have a whole series on getting installed as a trustee notifying beneficiaries sending notices out and collecting different types of assets and eventually getting them all appraised so if youre at that point in the process and youre a trustee congratulations youve finished phase one welcome to phase two and today in this video were going to be talking about liquidating assets uh liquidating meaning a fancy word for selling stuff and so in in our video today i want to give you some things to think about number one uh does the will or trust even authorize the sale of of the asset number two do we even need to sell the asset to generate ca

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What is required for a liquidating trust?

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.

Who are the beneficiaries of a liquidating trust?

Liquidation Trust Beneficiary means any beneficiary of the Liquidation Trust that is or was a Holder of an Allowed General Unsecured Claim. Liquidation Trust Beneficiary means a beneficial Holder of a Beneficial Trust Interest.

What is a liquidating trust agreement?

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.

Are distributions from a liquidating trust taxable?

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)).

What does a liquidating trustee do?

liquidating trustee: person or entity charged with carrying out the Plan of Liquidation while representing the estate of the debtors.

What are the benefits of a liquidating trust?

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.

Why use a liquidating trust?

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.

How does a liquidating trust work?

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.

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