ORDER
This matter having come before the Court on various
motions for exclusion from allocation of the cash trust filed by Intrust
account holders and the Receiver’s Opposition to Certain Account
Holders’ Motions for Exclusion from the Allocation, it is hereby
ORDERED:
1.
During the week of September 25, the Court heard testimony and argument
and ruled on various “exemplar motions.” Each of these exemplar
motions presented various arguments in favor of exclusion of accounts
from the allocation of the cash trust fund shortage.
2. The
Court now wishes to rule on those outstanding exclusion motions that
fall into the same categories as those raised by the exemplar motions.
The Court finds that its prior rulings on the exemplar motions apply to
all Intrust accounts listed on Exhibit A hereto. Accordingly, the
exclusion motions filed by the account holders listed on Exhibit A are
DENIED and all such accounts are included in the allocation of the cash
trust fund shortage.
3. The
Court further finds that its rulings of September 25, 2000 and October
4, 2000 that post-April 23, 1999 deposits be excluded from the
allocation apply to all Intrust accounts listed on Exhibit A. Thus, to
the extent that any such accounts contain deposits made after April 23,
1999, those amounts (and appreciation thereon) shall be excluded from
the allocation, in a manner consistent with further order of this Court.
| Dated: November 8, 2000 |
/s/ Sidney A. Jones
III
|
| |
Honorable Sidney A. Jones III
|