USFIA Receivership Claims Process
Frequently Asked Questions
MOTION TO FURTHER EXTEND CLAIMS SUBMISSION DEADLINE [BAR DATE]
On October 1, 2018, the Receiver filed his RECEIVER THOMAS A. SEAMAN'S MOTION FOR ORDER TO FURTHER EXTEND CLAIMS SUBMISSION DEADLINE [Dkt. No. 338] and DECLARATION OF THOMAS A. SEAMAN IN SUPPORT OF MOTION FOR ORDER TO FURTHER EXTEND CLAIMS SUBMISSION DEADLINE [Dkt. No. 338-1] and ROPOSED] ORDER EXTENDING CLAIMS SUBMISSION DEADLINE [BAR DATE][Dkt. No. 338-2]. The hearing for this motion has been calendared for October 29, 2018, at 9:00 a.m.
CLAIMS MEETING FOR INVESTORS OF USFIA, STEVE CHEN, ET AL, TO BE HELD OCTOBER 16, 2018
In order to make sure the maximum number of claims are filed, the Receiver will have a meeting open to all investors who need assistance with their claims. The meeting will be at the Embassy Suites Hotel located at 211 E. Huntington Dr., Arcadia, CA at 2:00 p.m. The meeting will last for several hours. Parking is complimentary. The Receiver will bring a Chinese-speaking translator to help investors with their claims. Other personnel from the Receiver’s office will also be on hand to personally assist you with filing your claims. Please bring all of your investment documents with you to the meeting so that they can be reviewed at that time. If you have any questions that you want answered either before the meeting or at the meeting please email them to firstname.lastname@example.org.
· How do I submit a claim? The electronic claim form is the preferred method of submitting a claim to the Receiver. Do not submit duplicate claims. If you submit an electronic claim, do not also send a paper claim. If you send a paper claim, do not also submit an electronic claim.
You can electronically submit a claim only at:
Paper claims can be sent to:
Thomas A. Seaman, Receiver
USFIA Claims Processing
17595 Harvard, Suite C 3300
Irvine, CA 92614
Do not file claims with the District Court. The Receiver will review all claims submitted and request Court approval of them at the appropriate time.
· What are the Receivership Entities? USFIA, INC., ALLIANCE FINANCIAL GROUP, INC., AMAUCTION, INC., ABORELL MGMT I, LLC, ABORELL ADVISORS I, LLC, ABORELL REIT II, LLC, AHOME REAL ESTATE, LLC, ALLIANCE NGN, INC., APOLLO REIT I, INC., APOLLO REIT II, LLC, AMKEY, INC., AMKEY GLOBAL, AMMINE, INC, HILLS GARDEN HOTEL, LLC, US CHINA CONSULTATION ASSOCIATION, QUAIL RANCH GOLF CLUB, LLC, ALLY INVESTORS, LLC, CHENNE CORPORATION, STEAMFONT CAPITAL INVESTMENT GROUP, LLC, STEAMFONT INVESTMENT GROUP, LLC, ALHAMBRA GARDENS LLC, AFG HOLDING COMPANY, ABORELL INVESTORS, LP, L’BE GROUP.
· If I submit an electronic claim, how do I submit my supporting documentation? If you file an electronic claim, there will be an “Upload” button prompt you will need to click – once clicked, you will be able to upload documents to the website. IF you are unable to retrieve and upload your supporting documentation, you can fax your supporting documentation to 949-222-0661. Note that IF you send supporting documentation via fax, you MUST include on your fax cover sheet your claim confirmation number received in your claim confirmation email received after you submit your claim. Please note, submitting documents via fax may slow the processing of your claim. Failure to submit documents supporting your claim may result in the Receiver objecting to your claim and your claim being disallowed by the Court.
· I already sent a refund request and support for my claim to the Receiver, do I have to resubmit it? Yes, all claimants must submit (or resubmit, as applicable) their claim form and payment documentation on or before October 1, 2018. Information previously provided to the Receiver will NOT be considered in reviewing claims.
· For how long is the claim period open? The claim submission period is open for 12 weeks- from April 6, 2018, through October 1, 2018, ending at 5 pm P.S.T.
· How much will I receive if my claim is allowed? Distribution amounts will not be proposed to the Court until after the claims process has been completed and must be determined by the Court before any distributions can be made.
· I received payments and/ or prizes FROM a USFIA Receivership Entity, do I have to disclose/include these payments and prizes with my claim? Yes, all details regarding payments and/ or prizes received by you from any USFIA Receivership Entity or another investor need to be included with your claim submission.
· If I file a claim, am I automatically eligible for a distribution? No, submitting a claim does not automatically qualify you for a distribution from the receivership. Your claim must be allowed by the Court before you will be eligible to receive a distribution.
Typical Investor Questions
· When will distributions be made? The exact date has not been determined. Please continue to follow updates on the case at www.usfiareceiver.com.
· What documentation do I need to submit with my claim? Please refer to the Claim Form instructions.
· Am I included in this case and claims process if I live outside of the USA? Yes, investors in the Receivership Entities who live outside the United States may submit claims if they suffered losses from their investment; however, submitting a claim does not automatically qualify you for a distribution from the receivership. Your claim will have to be reviewed and verified by the Receiver and determined by the Court.
· I cannot read English, how can I submit a claim? All claims must be submitted in English. The Receiver does not offer translation services. It is up to the claimant to receive any required translation assistance. Free translation services in virtually any language can be found on the internet.
· Do I need to retain a lawyer? The Receiver cannot provide legal advice; however, a claimant does not need an attorney to submit a claim or be eligible to receive a distribution.
· What if I have additional questions and want to speak to someone about my claim? The Receiver is not currently taking phone calls. If you have questions that are not answered here, you may contact the Receiver’s office by sending your questions via email to email@example.com. Every effort will be made to reply promptly; however, it could take several days or more for you to receive a response.
· Who is eligible to submit a claim as an investor? Any individual or entity who suffered losses as a result of an investment made in one of the Receivership Entities and who did not already receive their money back.
· For what investment timeframe is the Receiver accepting claims? The Receiver is accepting claims for any time period that meet the other eligibility qualifications; however, the court will ultimately determine the dates from which claims will be allowed. Submission or filing of a claim does not automatically mean that your claim will be allowed or that you will receive a distribution.
· I paid cash and don’t have any proof of payment, am I eligible to submit a claim? Yes, but your claim will have to be reviewed and verified by the Receiver and determined by the Court. Be certain to complete the claim form and provide any and all payment support you have.
· My payment did not go directly to any of the Receivership entities, but rather went to another investor – am I eligible to file a claim? Yes, but your claim will have to be reviewed and verified by the Receiver and determined by the Court. Be certain to complete the claim form and provide any and all payment support you have.
· I bought Gemcoin from another investor, am I eligible to file a claim? Yes, but your claim will have to be reviewed and verified by the Receiver and determined by the Court. Be certain to complete the claim form and provide any and all payment support you have.
· My investment funds were wired to a bank outside of the United States such as Hong Kong, or Singapore – am I eligible to submit a claim? Yes, if payment was made to an entity in the Receivership, you are eligible to submit a claim. You must provide proof of payment and all other supporting documents.
· I am a trade creditor or supplier that has not been paid, can I submit a claim? Yes, you can submit a claim, but as with investor claims, your claim will have to be reviewed and verified by the Receiver and determined by the Court.
· I am an employee who was not paid all my wages, can I submit a claim? Yes, you can submit a claim, but as with investor claims, your claim will have to be reviewed and verified by the Receiver and determined by the Court.
Filing Claim & Required Documentation
· I don’t have support for my investment; can I still submit a claim? Yes, however, your claim may be disallowed without proper payment documentation.
· If I don’t provide the appropriate documentation, will I be informed? Yes, claimants with deficient claims, including insufficient supporting documentation, will be notified after the October 1, 2018, bar date.
· Can I file a paper claim? Yes – see the claim form directions for submission of a paper claim. Please note the Receiver prefers claims be submitted electronically.
· Can someone assist me in filling out the claim form? You may have someone assist you in completing your claim form, but you must review and sign your claim yourself.
· If I file an electronic claim form, how do I “Sign” my claim? Please follow the directions on the web form.
· Will you accept a printout from the USFIA (or other entity) websites as sufficient support for my investment? No, actual payment support – specifically bank or financial records – is required.
· My investment was made in my name but the payment was made in another name – which name should I use? The claim form provides an area to input both the name in which your investment was made as well as name from which payment was made, please input both.
· Will supporting documents be returned to me? No, please send or upload copies of documents only. You should retain all original documents for your own records.
· How do I verify my claim form was received? If you submit an electronic claim form, you will receive a confirmation email (which will be sent to the email address input into the claim form). If you file a paper claim form, include a copy of the claim and a return address stamped envelope and this will be returned to you.
· Can I update my claim form after it is submitted? No, once the claim is submitted, it cannot be updated/amended. You will not be able to save your progress while completing the claim form; however, the claim form will not quickly time out. Do not submit a duplicate claim.
· If my address or contact information changes after I file a claim form, can I update it? After submission of your claim form, send address or contact information changes to firstname.lastname@example.org.
· I made one payment for multiple investments; do I need to list each investment or just the one payment? List the actual payment in the payment amount column, list each member ID number or account number associated with the payment in the “Member ID section.
· I made multiple payments for multiple investments; how do I submit my claim form? IF you made multiple payments for multiple investments under the same name, please list out your investments on one claim form. IF you made multiple payments for multiple investments under different names (e.g., your name, your spouse’s name, and/or your business name), please complete a separate claim form for each investor’s investments.
· My language is not one of the languages the claim form was provided in. Can I fill it out in another language? No, claim forms can only be submitted in English. Please use a translation service if needed. Free translation services in virtually any language can be found on the internet.
· I don’t have a social security number, driver’s license, passport, or other government issued identification – what do I do? You should provide whatever form of identification you have, but your claim may be disallowed if the Receiver is unable to verify your identity as an investor in the Receivership Entities.