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December 2001
UPDATE ON THE
STATUS OF THE
LIQUIDATION OF FIRST CAYMAN BANK LTD.
The Liquidators
provide this update as part of their ongoing
efforts to keep depositors informed of progress
in the liquidation. The last such general
update was made in January 2001.
Dividends
Following the payment of the first dividend
of 35 cents on the dollar in April 2000, the
Liquidators have continued their efforts to
maximize recovery of Bank assets. As a result,
the Liquidators are now in a position to fund
a second interim dividend. This dividend is
expected to amount to at least 10 cents on
the dollar and should be paid in April 2002.
This time frame is necessary in order to obtain
necessary Court approval and to complete the
statutory notification to depositors who have
not yet filed claims or whose claims have
not yet been admitted. In the meantime the
Liquidators will continue to effect realizations
from the collection of loans and through litigation.
An overview of these activities is provided
below:
Asset
Realizations
Collection efforts on the loan book
are continuing. To date over $12 million (equivalent
to approximately 65% of the original loan
book balance) has been collected. Currently,
267 loans remain outstanding, 80% of which
are in default. As noted in previous updates,
many borrowers used the closure of the Bank
as an excuse to cease repayments. The Liquidators
continue to pursue the remaining delinquent
borrowers and where circumstances warrant
have initiated legal action by serving writs,
enforcing security, enforcing judgements obtained,
and obtaining attachment of earnings orders.
Where debtors continue or recommence monthly
payments, the Liquidators’ staff follow
up and monitor accounts on a regular basis.
Legal
Actions
The Liquidators are continuing legal
proceedings to recover losses suffered by
the Bank from the acts or omissions of certain
directors and shareholders. This litigation
is progressing slowly, primarily due to the
remote location of the individuals involved,
which creates certain jurisdictional and legal
complexities. The timing and ultimate result
of this litigation cannot be predicted with
certainty.
The Liquidators
have obtained default judgements in the United
States against certain individuals of the
former management of the Bank. Some recoveries
have been made as a result of these actions.
Financial Position
The Liquidators continue
to hold the view that the final return to
depositors will be in the range of 50 to 60
cents on the dollar. The Liquidators distributed
in aggregate approximately US$10 million to
depositors in the first interim dividend.
The proposed second interim dividend of at
least 10 cents will result in a further distribution
of at least US$3 million. There should be
further funds available for a third dividend
at some point in the future, but the precise
amount of such dividend is dependent on the
ultimate results of the actions outlined above,
as well as the outcome of significant claims
made against the Bank by its fellow subsidiary,
Gulf Union Bank (Bahamas) Ltd. Although the
Liquidators have rejected these claims, provisions
must be set aside pending the outcome of a
possible appeal of this rejection.
Please
also note that the second dividend will automatically
be distributed to depositors who participated
in the first dividend. Only depositors who
did not participate in the first dividend
or who have recently changed address and not
yet notified the Liquidators need contact
the Liquidators to ensure their participation.
The
Liquidators continue to act in consultation
with the Consultative Committee of Creditors.
However, if any depositor has specific concerns
or questions please do not hesitate to contact
us directly at the listed address.
Yours truly,
Michael Pilling
Joint Official Liquidator
D&T/FCB/MWP/cw
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