The short answer to your question is: Retirees (and other Retirement Fund beneficiaries) will most likely not be required to file proofs of claim for their retirement benefits (unless the Court enters a separate order, at a later time, requiring that they do so).
The Retirement Fund has requested that beneficiaries, including retirees, not be required to file proofs of claim for retirement benefits. A retiree would only have to file a proof of claim for claims against the Retirement Fund unrelated to retirement benefits. The Court has not yet approved this request. It will be considered by the Court at the hearing on June 1, 2012 (Saipan time).
There was no indication of the Debtor’s proposal regarding proofs of claim in the notice that you received, so your confusion is understandable. As you probably know, a number of parties have filed motions seeking to have the bankruptcy case dismissed. These motions (and other motions) will also be heard on June 1. If the case is not dismissed, we will establish procedures for getting information to retirees, including information on whether proofs of claim must be filed.
I hope this answers your questions.
Don Jeffrey Gelber (D.J.Gelber@gelberlawyers.com)
Gelber, Gelber & Ingersoll
Topa Financial Center
Suite 1400, Fort Street Tower
745 Fort Street
Honolulu, Hawaii 96813
Telephone (808) 524-0156 (direct)
Facsimile: (808) 531-6963
Here is the original request for assistance. Thanks to Angelyn for sending this out:
Attention Mr. Gelber,
We retirees need some guidance.
Three retirees that I know of with Arizona mailing addresses, have just received this document via US mail from Brown Rudnick LLP in Boston- see this URL
I assume all two thousand will be getting a copy in the mail.
Are the individual retirees who are creditors of the NMIRF, supposed to send in any papers, and if so to whom? and stating what?
It says consult a bankruptcy attorney, well all two thousand plus of us retirees are needing advice from Mr. Gelber, the CRE and the Creditors committee at this point.
Please tell me what, if anything, we should do.