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Wind-Down Trust means the trust (if any) established on the Effective Date for the ratable benefit of the holders of the Wind-Down Trust Interests in ance with the Plan and pursuant to the Wind-Down Trust Agreement.
Liquidating trusts are commonly used to help shorten and conclude Chapter 11 cases by saving litigation for after plan confirmation. This can help save time and resources so the debtor can focus on conducting a sale or reorganization rather than being mired in creditor disputes while trying to do so.
Proceeds from a cash liquidation distribution can be either a non-taxable return of principal or a taxable distribution, depending upon whether or not the amount is more than the investors' cost basis in the stock. The proceeds can be paid in a lump sum or through a series of installments.
Liquidating trusts are funded with assets held for the benefit of creditors who may have a claim against the debtor. These trusts can exist from several months to several years, depending on how long it takes to liquidate the assets and work through various claims and settlements.
This chapter of the Bankruptcy Code generally provides for reorganization, usually involving a corporation or partnership. A chapter 11 debtor usually proposes a plan of reorganization to keep its business alive and pay creditors over time. People in business or individuals can also seek relief in chapter 11.