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Case Status Tracker:
- ** Updated Status (11-20-09) **
Most-Recent Update:
In April 2009, the NWIG Creditors Committee (of which WG is a member) requested a formal committee meeting with the liquidators in charge of the NWIG case pending in the Cayman Islands and a meeting was held in Houston on May 12, 2009. At the meeting, the NWIG liquidators provided updates as to the pending status of matters in the Cayman proceedings. At the end of the meetings, the NWIG liquidators agreed to use their best efforts to declare a dividend by September 22, 2009.
On September 24, 2009, the WG Plan Trustee wrote the NWIG liquidators requesting an update as to the status of the distribution and was advised that the Liquidators have missed the target date agreed to at the May meeting. The liquidators are also not currently able to provide a new projected date for payment. The WG Plan Trustee is monitoring this situation and will post updated information as it becomes available.
General Case Status:
As previously reported on this website, in the latter part of 2008, the Bankruptcy Court in Austin approved the Plan Trustee's final claim objections – which effectively set the final list of approved Vehicle Service Contract (“VSC”) holder claims in the Warranty Gold (“WG”) case. The link below will provide a list itemizing, for each allowed claimant, the amount of the allowed Refund Claim, and if applicable, the amount of the allowed Repair Claim – along with a Total Allowed Claim for each claimant.
Combined Claims Listing With Both Refund and Repair Claims (April 2009)
As referenced above, the Plan Trustee has completed an extensive claims allowance process in this case resulting in more than 60,000 approved claims totaling approximately $49 million. The Liquidating Trust Agreement provides for a minimum threshold available to VSC holders of $2 million before a distribution can be made. At this time, the Plan Trustee does not maintain sufficient funds to meet that threshold and the threshold will not be met until the WG estate receives its distribution from the NWIG liquidators.
WG is a creditor in the NWIG case and NWIG was WG's insurer, underwriter and administrator. Before bankruptcy, WG sent its customers' premiums to NWIG for administration of the VSC program, but NWIG failed in June of 2003, which caused the failure of WG. The final matter to be resolved before the Plan Trustee can make a distribution to allowed claimants in the WG bankruptcy case is the receipt of WG’s share of the funds distributed from NWIG bankruptcy proceeding.
As such, there is no established date for a distribution to WG creditors; however, the Plan Trustee maintains this website so creditors and other parties in interest can monitor the status of the case. The status portion of the website is routinely updated as material developments warrant. This is the most-effective and cost-efficient way to communicate with the more than 60,000 claimants in this case.
Please be aware that you WILL NOT receive a check for the total claim amount shown on the list of approved claims, but rather only a percentage of that amount. The funds received from the NWIG liquidators Cayman Islands bankruptcy of National Warranty Insurance Group ("NWIG") (http://www.nwig.com) will be added to the funds on hand which have been directly recovered by the Plan Trustee and the total of these two sums will determine the amount of money and distribution percentage available to WG's creditors. Based upon current estimates, VSC holders are likely to receive a dividend less than 10% (ten cents on every dollar of allowed claim); however, the exact percentage will not be known until WG actually receives its share of the distribution from the NWIG estate. After the Plan Trustee receives WG’s distribution from the NWIG liquidators, a pass through distribution to all approved WG claimants should be possible with 60 to 90 days.
There is not a definitive answer as to when NWIG will payout funds to its creditors, including WG. This is the wildcard that will determine when the WG Liquidation Trust will have sufficient funds for a distribution to VSC Holders.
Subsequent status updates will be posted whenever new information is received and circumstances warrant.
If you have any questions not covered in this status update or in the Frequently Asked Questions or elsewhere on this website, you may send an e-mail directly to the Plan Trustee at gmilligan@warrantynews.com.
CHANGE OF ADDRESS: Any changes of address should be submitted through the following dialogue box OR by sending a letter to the Plan Trustee at:
Warranty Gold Liquidation Trust
c/o Gregory S. Milligan
Liquidating Trustee
P.O. Box 13166 - Capitol Station
Austin, Texas 78711-3166
Contact the Plan Trustee
NATIONAL WARRANTY LIQUIDATION: National Warranty Insurance Risk Retention Group ("National Warranty") was the administrator and insurer of Warranty Gold's extended vehicle service contracts ("VSCs"). National Warranty is being liquidated in legal proceedings currently pending in the Cayman Islands. National Warranty was responsible for paying claims of Warranty Gold customers from monies deposited by Warranty Gold on behalf of its customers and potentially from other resources (including insurance proceeds). National Warranty's insolvency has affected a reported one million consumers and numerous other extended service contract providers, such as Warranty Gold. Information regarding the National Warranty liquidation proceeding currently pending in the Grand Court of the Cayman Islands (Case Number 372 of 2003) may be found at www.nwig.com as maintained by the Joint Official Liquidators appointed in that proceeding. Through the Plan Trustee and his counsel, Warranty Gold is represented as a member of the committee of major VSC providers established in National Warranty's liquidation proceedings.
WARRANTY GOLD BANKRUPTCY: Subsequent to the announcement of National Warranty's liquidation, Warranty Gold sought protection under Chapter 11, Title 11 of the United States Bankruptcy Code through a filing made in the Western District of Texas, Austin Division (Case No. 03-15271-FRM). Ultimately, Warranty Gold's Plan of Liquidation ("Plan") was confirmed by the Bankruptcy Court. The Bankruptcy Court's orders confirming the Plan (subject to certain modifications) were entered on July 20, 2005 and August 30, 2005, and the Plan took effect on October 10, 2005.
For more information concerning Warranty Gold's Plan of Liquidation and the Warranty Gold Liquidation Trust, please click here. For more information concerning the VSC Holder Class Settlement and treatment of their claims, please click here.
This website is your primary forum for keeping abreast of progress in this matter. If you have a question that is not addressed on this site, you may send a question/comment to the Plan Trustee through the dialogue box below. With more than 64,000 contract holders, individual responses are not practical; however, the Plan Trustee will review all questions submitted and add common questions to the FAQ tab.
If you feel that your situation is particularly unique and is not covered by the information contained elsewhere on this website, you may contact the following attorneys who have been approved by the Bankruptcy Court as representatives of the class of warranty holders and is now counsel to the Warranty Gold Liquidation Trust Advisory Board. Please be sure to review this site thoroughly before contacting the counsel shown below.
Barbara M. Barron
Stephen W. Sather
Barron & Newburger, P.C.
1212 Guadalupe Street, Suite 104
Austin, TX 78701
E-mail: bbarron@bnpclaw.com or
E-mail: ssather@bnpclaw.com
(512) 476-9103
CHANGE OF ADDRESS: Any changes of address should be submitted through the following dialogue box OR by sending a letter to the Plan Trustee at:
Warranty Gold Liquidation Trust
c/o Gregory S. Milligan
Liquidating Trustee
P.O. Box 13166 - Capitol Station
Austin, Texas 78711-3166