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1. | You missed a Note payment. When can I expect to get that money? |
Any unpaid obligations incurred by Woodbridge prior to December 4, 2017 are now frozen and will be considered as claims in the restructuring proceedings. We regret any hardship this may present you and we hope we can work through issues together.
2. | What about payments going forward? |
The debtor and various representatives of investor constituencies are in discussions about if and when payments to investors can resume. The official committee of unsecured creditors appointed in the case opposes commencing any such payments, and the Debtors are working to come up with a plan that will satisfy their concerns. Any such action will require court approval and the Debtors do not have a timeline to make that request at this time.
3. | My investment is coming to end of life. Will I recover principal? |
During the pendency of the bankruptcy, we will not repay principal, however ultimate payout will be outlined in and determined through the bankruptcy process.
4. | What is a Proof of Claim form? How do I file one? |
The Proof of Claim form is an official document filed with the Bankruptcy Court that provides details about the amount a creditor was owed by the company prior to their Chapter 11 filing. Once the Bankruptcy Court has confirmed the procedure and deadline for filing claims, every creditor will be mailed a Proof of Claim form with instructions along with a Bar Date of Notice or deadline for submission. Any questions regarding filing a claim should be directed to your legal counsel. For further information on claims, please be sure to visit this website periodically for new updates.
5. | Do I need to file a claim? |
Unfortunately, we are not able to provide you legal advice. What I can tell you is that investors of record will be receiving proofs of claim forms with instructions in the coming weeks. In addition, claim forms are also available on the home page of this website.
6. | What is the difference between a secured and an unsecured creditor? |
Creditors in a bankruptcy case and the priority of payment for their claims are distinguished by the type of claims they hold. In general, secured creditors—loans that are secured against Company assets—are in a priority position for payment. Unsecured creditors’ claims are satisfied after secured creditors receive payment from their collateral.
7. | Do I have secured or unsecured investment? |
Pursuant to the Uniform Commercial Code, liens must be perfected to be considered secure. Certain investors did not perfect their liens, and may be treated as unsecured creditors. However, part of the reason the Company filed for Chapter 11 was to maximize recovery for both secured and unsecured creditors. In addition, the Company, in concert with the Court, will continue to evaluate investors’ positions. We will communicate to you as we learn more.
8. | What does First Position mean for the Commercial Mortgages I bought? |
Prior to the filing, investors held liens in certain estate assets. This is subject to change through the proceeding, and we are holding in separate, secured accounts funds and assets to adequately protect investors’ interests.
9. | What happens to investments in 5 year funds that were secure? |
Currently all invested monies are frozen in respective accounts.
10. | If I was in the middle of rolling over investments into different funds, may I take it back? |
All money held by Woodbridge as of December 4, 2017 is frozen in Woodbridge accounts and those investors are now creditors in the bankruptcy case.
11. | What is the difference between unit holders and note holders? |
Unit holders own non-voting interests in WMF Management’s funds that entitle holders to distributions of available proceeds from the funds consisting of a preferred return, return of capital, and a profit participation. None of the Units has any voting rights.
Note holders own short-term notes issued by the funds and secured by a pledge of certain promissory notes and related loan and security agreements, deeds of trust or mortgages owned by the funds. Holders of Notes are entitled to a fixed rate of interest, generally ranging between 4.5 and 13 percent, payable on a monthly basis, and a repayment of principal upon maturity.
12. | Can clients cancel their contracts with Woodbridge? |
No. All contracts remain in place pursuant to Bankruptcy Code.
13. | What will my recovery be for my investment? |
At this time, we cannot predict the amount holders of general unsecured claims will receive. The treatment of all claims will be determined through the Company’s Plan of Reorganization which will be filed toward the end of the case.
14. | If I invested through an IRA or other custodian will bankruptcy notices go there or to me personally? |
Notices will go to custodians.
15. | Who is Epiq and who is Garden City Group? |
Epiq and Garden City Group support the administration and dissemination of information throughout the bankruptcy proceeding. Specifically, Epiq is providing communications support via the investor website, call center and other mediums, while Garden City Group will provide all of the administrative and noticing support for the case.
16. | What did the company announce? |
Woodbridge is in the process of rightsizing its balance sheet, and has filed voluntary Chapter 11 petitions to recapitalize its debt and maximize recovery for its creditors and investors. Through this, the Company will significantly reduce its debt and emerge as a financially stronger Company. Woodbridge is open and operating in the normal course of business during this time.
17. | What is Chapter 11? |
Chapter 11 is a legal mechanism that allows a business to restructure its debt obligations while continuing normal day-to-day business operations without having to obtain all creditors’ consent.
18. | Why does Woodbridge need to use bankruptcy proceedings? |
Woodbridge continues to be a leading developer of high-end real estate, however as the business has grown, among other things, increased operating and development costs have been exacerbated by the unforeseen costs associated with ongoing litigation and regulatory compliance. These and other factors that are under investigation by the new, independent management team led to a loss of liquidity, resulting in an inability to make our regularly scheduled one-year Notes payment due December 1, 2017.
In consideration of these factors, we determined that a recapitalization of our debt provides the most efficient and effective path to restructure debt and maximize recovery for our creditors and investors.
19. | Will management stay in place? |
Lawrence Perkins, of SierraConstellation Partners, has been appointed Chief Restructuring Officer, and Marc Beilinson, of Beilinson Advisory Group, has been appointed as Independent Manager. Mr. Perkins and Mr. Beilinson will lead, manage, and oversee the Company’s businesses during our time in Chapter 11, which we expect to exit as expeditiously as possible. Robert Shapiro has been removed from all Company oversight and involvement and is not receiving any compensation from the Company.
20. | Does Bob Shapiro stepping down mean he did something wrong? |
Bob initiated the management changes so that the Company could focus on restructuring. The management changes were implemented as part of the plan to secure the Company’s future.
21. | Does the bankruptcy mean Woodbridge has settled all outstanding issues with its regulators? |
No. New management intends to cooperate and work with the SEC and state regulators to the best of its ability to resolve the investigations.
22. | What is the status of regulatory inquiries? |
It is management’s intention to cooperate and work with the SEC and state regulators toward resolution of any investigations.
23. | Which entities are excluded from the filing? |
Mercer Vine, Inc., Riverdale Funding, LLC, and Woodbridge Realty of Colorado, LLC are all excluded from the filing. Brokers employed by these companies own minority interests in their respective brokerages. Woodbridge anticipates entering into a shared services and discounted commission arrangement with these brokerage companies.
24. | What is the total outstanding debt? |
In sum, our total invested capital is $985 million. Without unitholders our outstanding debt is $750 million to noteholders. Additional claims are being evaluated and may result in material additional claims against the companies.
25. | What is the value of your current assets? |
The Company estimates its current portfolio of assets has a value of more than $700 million. We are currently engaged in a process of interviewing investment bankers to provide an independent assessment of the value of our assets as well as raise capital to exit bankruptcy as expeditiously as possible.
26. | Does the Company have enough cash to stay in business and operate normally? |
Yes. In support of this restructuring, we have obtained a commitment for up to $100 million in debtor-in-possession ("DIP") financing from Hankey Capital, LLC, providing sufficient liquidity to maintain operations and continue property development in the ordinary course during the bankruptcy process.
27. | Does this step indicate any impact on day-to-day operations? |
No. We will be operating as usual, now and throughout the restructuring process.
28. | How long will the company be in bankruptcy? |
The Company intends to move through this process as promptly as possible and hopes to emerge in 2019.
29. | What will Woodbridge look like coming out of bankruptcy? Will the company discontinue any operations? |
At this time, we are continuing to operate as usual. We are confident bankruptcy will give us the tools we need to emerge with the stronger financial foundation we need to continue to succeed but it is too early to say what operational changes will take place.
30. | Will the company continue development of existing assets? Will development plans be changed? |
We will be operating as usual, now and throughout the restructuring process. We remain committed to previously stated plans.
31. | Will Woodbridge be able to buy new assets? |
For now the Company’s focus is on its current portfolio of assets. We may pursue new assets market conditions and court approval permitting.
32. | Give me the details. Where did you file, who is the judge and what is the case number? |
Please visit the home page of this website for information related to the filing.