Unsere Fragen und die Antworten des WuC zur GV am 30.08.2011

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Unsere Fragen und die Antworten des WuC zur GV am 30.08.2011

Beitragvon k.o.pthing » Do Sep 08, 2011 7:27 am

Q: Can you confirm, that the WuC is in court proceedings with two new EDGE claims as precedent cases regarding the calculation of the final account balances for the fixed term accounts and those accounts, where the DZ-Bank seized transfers from the EDGE accounts to the customers reference accounts before the German moratorium took effect?
A: There are currently around 46 cases before the District Court of Reykjavik regarding EDGE claims. Main proceedings are in two cases in November and one creditor will submit his written statements before the Court in his two cases on 2 September. One of those cases does involve a fixed term account. We cannot confirm if either of the cases involves any dispute regarding DZ-Bank until written statements have been submitted at the Court.

Q: Can you also confirm that DZ-Bank was beeing able to do so because Kaupthing German branch had only one account with DZ-Bank, and had not seperated the customers money from its own?
A: This cannot be addressed in any detaildue to current legal proceeding between Kaupthingand DZ Bank in Germany.

Q: What is the total amount, the WuC has to recognize additionally under §112/§113, if it would be ordered to do so) for all EDGE customers with a fixed term accountb) for all EDGE customers where money transfers were seized through DZ-Bank before the German moratorium took effect?
A: This calculation is not available.

Q: Why is no hint published about the aforementioned cases at the Secured Creditors Website and/or in the meeting document?
A: So far there has not been any publication or list of cases which are currently before the Courts. The schedule of current court cases before the District Court of Reykjavík can be obtained via their website.

Q: Can you confirm that all third-parties objections, filed against the decision of the WuC concerning the EDGE claims from other claimants (beside some third-parties objections filed through other former EDGE customers) were withdrawn?
A: We can confirm that the blanket objections from creditor groups against claims lodged under Art. 112 at previous creditors meetings have been withdrawn.

Q: If so, when will be published the updated objection list, to give all claimants a detailed view about the ongoing proceedings before discussing any Composition Scheme?
A: We refer to chapter3 in the report which will submitted at the creditors meeting. The chapter contains an overview of ongoing court proceedings and current disputes in the winding-up proceedings as well as summary of cases which are covered by current or upcoming court cases. Furthermore the Winding-up Committee does not intend to publish any objection list on a claim-number basis.

Q: In the last meeting minutes the paragraph about questions from former EDGE customers was stated incorrectly in our point of view. Who is responsable to correct the failure and how is the procedure to file a request for correction?
A: Please send us your comments to winding-up@kaupthing.com

Q: On the Creditors Website there was no hint published about possible objections against decisions of the Winding-Up Committee done before the Creditors meeting on Tuesday, August 30th, 2011.
Is there any chance to do so, and are all claimants involved been informed?
A: A list of new decisions taken before this creditors meeting was published on the secured website on 23 August. Those receiving new decision on their claim were also informed with a decision letter as required by the Bankruptcy Act no. 21/1991. An objection form for use by creditors is also available on the creditors´secured website.

Q: In the Corrections list there are about 20 entries depending on EDGE claims. Some of them were marked "registration corrected". Could you please explain the reasons for that?
A: In some cases the registration was corrected in accordance with the relevant statements of claim, after a review of these documents has been conducted. The affected claimants have been informed about these corrections

Q: Can you confirm that about 2500 further EDGE claims are to be corrected?
A: The number of corrections to be made (if any) is totally uncertain.
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