Method for insolvency claims resolution
First Claim
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1. A method for distributing property in an insolvency proceeding, comprising:
- establishing a financial arrangement between a responsible party and a debtor, the financial arrangement including terms for paying claims against the debtor;
offering, by the responsible party, to pay a creditor having a claim against the debtor a predetermined payment amount in satisfaction of the entire claim against the debtor; and
if the creditor accepts the offer, paying the predetermined payment amount to the creditor.
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Abstract
A method and system of utilizing an insuring or other financially responsible party to pay claims to creditors in an insolvency proceeding aligns the financial incentives of creditors with the financial incentives of those funding and resolving claims. The present invention shifts the risk of administration of the claims resolution process in an insolvency proceeding away from the insolvent entity and transfers the risk to the insuring or other financially responsible party which is an economically stronger entity with lower costs of capital and superior risk management resources.
12 Citations
20 Claims
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1. A method for distributing property in an insolvency proceeding, comprising:
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establishing a financial arrangement between a responsible party and a debtor, the financial arrangement including terms for paying claims against the debtor;
offering, by the responsible party, to pay a creditor having a claim against the debtor a predetermined payment amount in satisfaction of the entire claim against the debtor; and
if the creditor accepts the offer, paying the predetermined payment amount to the creditor. - View Dependent Claims (2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15)
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16. A system for distributing an insolvent debtor'"'"'s property to a plurality of creditors in an insolvency proceeding, wherein a responsible party host server and a plurality of clients for each of the plurality of creditors are coupled to a data communications network, the responsible party host server including:
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computer programmable means for communicating with the plurality of creditors, the responsible party and the debtor;
computer programmable means for establishing a financial arrangement between the responsible party and the debtor;
computer programmable means for maintaining a database containing information regarding the debtor and each of the plurality of creditors;
computer programmable means for calculating an amount of final payment offered to each of the plurality of creditors;
computer programmable means for providing an offer of the amount to each of the plurality of creditors;
computer programmable means for processing one of an acceptance and a rejection of by each of the plurality of creditors of the offer; and
computer programmable means for processing claim payments to each of the plurality of creditors that accepts the offer. - View Dependent Claims (17, 18, 19, 20)
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Specification