Division of Rehabilitation and Liquidation
How do I file a proof of claim with the Receiver?
On August 10, 2009, the Receiver mailed proof of claim forms to individuals and entities that the Receiver identified as having a possible claim in the Cumberland estate. The proof of claim form mailing also provided a notice that informed claimants of the Receiver's approved Plan of Rehabilitation. To be considered timely filed, claims should have been submitted and postmarked on or before Tuesday, January 26, 2010.
What happens if I failed to file the proof of claim form by the January 26, 2010 deadline? Can I still file a claim? Will it be considered late-filed?
In the Receiver's approved Plan of Rehabilitation, a claims filing deadline of January 26, 2010 was established. In the order, it states that late filed claims will be denied unless otherwise ordered by the Court. If you have a claim, you will need to file your claim with the Court to have the Receiver consider your claim.
If you believe that your proof of claim form should be considered timely-filed, you may submit a request to have the Receiver consider accepting your proof of claim form as timely-filed. With appropriate supporting documentation, Florida Statute 631 gives you the right to petition the Receivership court (Second Judicial Circuit Court, Tallahassee, Leon County, Florida, Case Number 2004-507) to accept your claim as filed timely.
Will the claim filing deadline be extended?
No.
Can you verify receipt of my proof of claim?
If you decide to submit a paper proof of claim form you should send it by certified mail, return receipt requested, or overnight mail (FedEx, UPS, etc.) and save the delivery certification cards as proof of timely mailing. No confirmations of receipt of individual proof of claim forms will be mailed.
When will my claim be paid and how much will I receive?
The amount of any potential payment is unknown until after the amount of all liabilities has been established and all reasonable efforts to recover and liquidate assets have been exhausted. Please be advised that it may take several years before a distribution of assets, if any, is made in this receivership, due to collection efforts and litigation.
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