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Noble Trust Liquidation Information

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Recent News

October 27, 2015

Order Further Modifying Order Establishing Claims Procedures

October 19, 2015

Order Approving Settlement and Release Agreement with Penn Mutual Life Insurance Company

July 27, 2015

Liquidator's Assented to Motion to Approve Notice/Objection Procedures for Hearing on Motion for Approval of Settelment with Penn Mutual

Liquidator's Motion and Supplemental Memorandum for Approval of Settlement and Release Agreement with Penn Mutual with Affidavit of Robert Fleury

June 11, 2015

US Attorney's Press Release about sentencing of Gerald Marino

October 24, 2014

New Hampshire State Supreme Court decision in fraudulent transfers cases

October 7, 2014

The Amended Plan of Liquidation and the Order Approving it, as Modified
Order Establishing Claims Procedures

October 1, 2014

Order Approving of Settlement Agreements with Ronald P. Kauffman and Related Entities, PNC Bank and Ohio Attorney General

August 15, 2014

Affidavit of Soneet R. Kapila in Support of Proposed Plan of Liquidation

August 12, 2014

Liquidator’s Motion for Approval of Settlement Agreements with Ronald P. Kauffman and Related Entities, PNC Bank and Ohio Attorney General

Affidavit of Robert A. Fleury in Support of Liquidator’s Motion for Approval of Settlement Agreements with Ronald R. Kauffman and Related Entities, PNC Bank and Ohio Attorney General

August 8, 2014

Notice of Hearing on Plan and Motion to Approve.

August 7, 2014

Amended Plan of Liquidation Dated August 7, 2014.
Liquidator’s Motion for Approval of Claims Resolution Procedures.
Liquidator’s Memorandum in Support of Proposed Plan of Liquidation and Motion for Approval of Claims Resolution Procedures.
Affidavit of Robert A. Fleury in Support of Liquidator’s Memorandum in Support of Proposed Plan of Liquidation and Motion for Approval of Claims Resolution Procedures.

July 30, 2014

Order Approving Notice and Objection Procedures for Hearing on Approval of Liquidator's Plan of Liquidation and Approval of Claims Procedures Motion.

July 25, 2014

Liquidator's Consented to Motion to Approve Notice-Objection Procedures for Hearing on Plan of Liquidation.

April 7, 2014

Order Approving Settlement Agreement and Release with Security Life Denver.

March 13, 2014

Order Approving Settlement and Release Agreement with lnvestors lndependent Trust Company.
Order Approving Settlement Agreement with Mary A. Rodney and Related Parties.
Order Granting Liquidator's Motion for Approval of Settlement with Walter Gorham.
Order Granting Joint Motion for Approval of Settlement with Sweeney Entities.
Order Granting Liquidator's Motion for Approval of Settlement with James M. Coull.
Order Granting Liquidator's Motion for Approval of Settlement with Clifton Marshall.
Order Granting Liquidator's Motion for Approval of Settlement with D.P. Ramsburg Accounting
Service.

February 27, 2014

Liquidator's Motion for Approval of Settlement Agreement with Mary A. Rodney and Related Parties.
Affidavit of Robert A. Fleury in Support of Rodney Motion.
Liquidator's Motion for Approval of Settlement with James M. Coull.
Affidavit of Robert A. Fleury in Support of Coull Settlement.
Liquidator's Motion for Approval of Settlement and Release Agreement with Investors Independent Trust Company.
Affidavit of Robert A. Fleury in Support of IITC Settlement.
Liquidator's Motion for Approval of Settlement with D.P. Ramsburg Accounting Service.
Affidavit of Robert A. Fleury in Support of Ramsburg Settlement.
Liquidator's Motion for Approval of Settlement with Clifton Marshall.
Affidavit of Robert A. Fleury in Support of Marshall Settlement.
Liquidator's Motion for Approval of Settlement with Walter Gorham.
Affidavit of Robert A. Fleury in Support of Gorham Settlement.
Liquidator's Motion for Approval of Settlement with Sweeney Entities.
Affidavit of Robert A. Fleury in Support of Sweeney Settlement.

January 31, 2014

Order Approving Notice and Objection Procedures for Hearing on Motion and Incorporated Supporting Memorandum for Approval of Settlement and Release Agreement with Security Life of Denver Insurance Company.
Notice of Hearing on Approval of Settlement Motion with Security Life of Denver Insurance Company.

January 30, 2014

Liquidator's Assented to Motion to Approve Notice Procedures re Approval of Settlement with Security Life of Denver Insurance Company.
Liquidator's Motion and Incorporated Supporting Memorandum for Approval of Settlement Agreement and Release with Security Life of Denver Insurance Company.
Affidavit of Robert Fleury in Support of Memorandum for Approval of Settlement Agreement.

Court Filings

November 20, 2013

Order on Joint Motion of Liquidator and Credit Suisse Assented to by Wells Fargo for Approval of Their Settlement Agreement and Mutual Release of Claims Regarding PHL Variable.

July 27, 2015

Liquidator's Assented to Motion to Approve Notice/Objection Procedures for Hearing on Motion for Approval of Settelment with Penn Mutual
Liquidator's Motion and Supplemental Memorandum for Approval of Settlement and Release Agreement with Penn Mutual with Affidavit of Robert Fleury

October 17, 2013

Superior Court decision approving settlement between PHL Variable and Liquidator.

August 20, 2013

Order Granting Motion for Approval of Settlement Agreement and Assignment of Claims with Stanley D. Miller and Assigning Parties
Order Approving Settlement Agreement and Release with Axa Equitable Life Insurance Co.
Order on Joint Motion of Liquidator and Credit Suisse Assented to by Wells Fargo for Approval of Their Settlement Agreement and Mutual Release of Claims Regarding AXA
Order Approving Settlement Agreement and Release with Lincoln National Life Insurance Co. (Non Credit Suisse Financed Policies)
Order Approving Settlement Agreement with Lincoln National Life Insurance Co. (Robinson Policy)
Order on Joint Motion of Liquidator and Credit Suisse Assented to by Wells Fargo for Approval of Their Settlement Agreement and Mutual Release of Claims Regarding Lincoln National Policy
Order Approving Settlement Agreement and Release with American National Insurance Co.
Order on Joint Motion of Liquidator and Credit Suisse Assented to by Wells Fargo for Approval of Their Settlement Agreement and Mutual Release of Claims Regarding American National Policies

June 13, 2013

Notice of Hearings (Insurer, Credit Suisse/Wells Fargo settlements)
Notice of Hearing (Miller Settlement)

June 10, 2013

Order granting Liquidator's Assented to Motion to Approve Notice and Objection Procedures for Hearings on Motions for Approval of Settlement and Release Agreements.
Order granting Liquidator's Assented to Motion to Approve Notice and Objection Procedures for Hearing on Liquidator's Motion for Approval of Settlement Agreement and Assignment of Claims with Stanley D. Miller and Assigning Parties.

June 6, 2013

Liquidator's Assented-To Motion to Approve Notice and Objection Procedures for Hearings on Motions for Approval of Settlement and Release Agreements.
Joint Motion of Liquidator and Credit Suisse Assented To by Wells Fargo for Approval of Settlement Agreement and Mutual Release of Claims Regarding PHL Policies.
Liquidator's Motion for Approval of Settlement Agreement and Release with Axa Equitable Life Insurance Company.
Joint Motion of Liquidator and Credit Suisse Assented To by Wells Fargo for Approval of Settlement Agreement and Mutual Release of Claims Regarding Axa Policies.
Liquidator's Motion for Approval of Settlement and Release Agreement with The Lincoln National Life Insurance (Non-Credit Suisse Financed Policies).
Liquidator's Motion for Approval of Settlement Agreement with The Lincoln National Life Insurance Company (Robinson Policy).
Joint Motion of Liquidator and Credit Suisse Assented To by Wells Fargo for Approval of Settlement Agreement and Mutual Release of Claims Regarding Lincoln National Policy.
Liquidator's Motion for Approval of Settlement Agreement with American National Insurance Company.
Joint Motion of Liquidator and Credit Suisse Assented To by Wells Fargo for Approval Of Settlement Agreement and Mutual Release of Claims Regarding American National Policies.
Liquidator's Memorandum in Support of Settlement Motions.

June 6, 2013

Liquidator's Motion for Approval of Settlement Agreement and Assignment of Claims with Stanley D. Miller and Assigning Parties.
Liquidator's Assented-To Motion to Approve Notice and Objection Procedures for Hearing on Liquidator's Motion for Approval of Settlement Agreement and Assignment of Claims with Stanley D. Miller and Assigning Parties.

March 28, 2013

The Liquidator filed a Notice of Effective Date of the Court's Order Approving the Settlement of the Directors' and Officers' suit and the suit against CPA Walsh.

February 26, 2013

Order Granting Motion Liquidator's Assented-To Motion to Substitute Exhibits to Motion to Approve Settlement and Release Agreement with PHL Variable Insurance Company.

February 26, 2013

Liquidator's Assented-To Motion to Substitute Exhibits to Motion to Approve Settlement and Release Agreement with PHL Variable Insurance Company.

January 18, 2013

Court's Order granting Liquidator's Motion to Approve Procedure for Review of Settlement Agreement with Director and Officer Parties.
Court's Notice of Hearing on Motion for Approval of Settlement Agreement with Director and Officer Parties.

January 17, 2013

Motion for Approval of Settlement Agreement with Director and Officer Parties
Motion to Approve Procedures for Review and Notice and Objection Procedures re Director and Officer Parties.

December 5, 2012

Order Establishing Settlement Agreement Review Procedures.

November 29, 2012

Court's Notice of Hearing on Settlement Motions.
Order Approving Notice and Objection Procedures for Hearings on Motions for Approval of Settlement and Release Agreements.

November 28, 2012

Notice of Insurance Settlements, Hearing Date, and Objection Deadline.
Order vacating stay in Liquidation proceeding.
Order vacating stay in suit against directors and officers.
Order vacating stay in fraudulent transfer cases.

November 14, 2012

The Liquidator's Second Interim Status Report has been filed with the Court.
The Liquidator's Expedited Motion to Approve Notice and Objection Procedures for Hearings on Motions for Approval of Settlement and Release Agreements was also filed with the Court.

November 13, 2012 - The Merrimack County Superior Court has scheduled a status conference for all matters pending before that court on November 20, 2012 at 1:30.

April 17, 2012 - Liquidator's Motion to Approve Notice and Objection Procedures for Hearing on Motion for Approval of Settlement  pdf file.

April 17, 2012 - Liquidator's Motion for Approval of Settlement and Release Agreement with PHL Variable Insurance Company (redacted in accordance with the February 26, 2013 order) pdf file.

January 10, 2012 - The Office of Noble Liquidation has a new phone number: 603-625-6733.

October 12, 2011 - Letter to Supreme Court Withdrawing Rule 11 Petition  pdf file.

September 29, 2011 - Merrimack County Superior Court’s Order on Liquidator’s Motion to Reassign Stayed Cases  pdf file.

September 9, 2011 - On September 9, 2011, the Liquidator filed a Petition in the New Hampshire Supreme Court  pdf file seeking an order compelling the Merrimack County Superior Court to lift the stays.

February 22, 2011 - The Liquidator filed a Motion to Reassign the Stayed Cases  pdf file to the Acting Chief Justice of the Superior Court.

January 19, 2011 - The Court issued an order again indefinitely staying matters involved in the liquidation pdf file pending receipt by the Court of funding for the Senior justice formerly assigned to this case.

November 3, 2010 - The Merrimack County Superior Court issued an order lifting the stay on matters relating to the liquidation pdf file of Noble Trust Company.

August 6, 2010 - The Court entered three recent orders staying the liquidation proceeding, the Director’s and Officer’s Suit and certain other litigation indefinitely.

The June 17, 2010 order pdf file
The June 25, 2010 order pdf file
The July 28, 2010 order pdf file
The Successor Liquidator’s letter concerning the stay pdf file

June 21, 2010 - Deputy Bank Commissioner Robert Fleury recently filed a Noble Trust Plan of Liquidation

Press release pdf file
Plan of Liquidation pdf file

June 21, 2010 - Deputy Bank Commissioner Fleury recently filed a Proposed Order Concerning Claims Procedures pdf file.

April 1, 2010 - The Liquidator recently filed a lawsuit pertaining to certain insurance policies pdf file involved in the liquidation.

March 5, 2010 - Court’s Order re Schedule for Filing Liquidation Plan and Adjudication Procedures pdf file

March 4, 2010 - Liquidator’s Interim Status Report pdf file

February 11, 2010 - Court’s Order Granting Liquidator’s Motion for Approval of Lindsey Settlement Agreement pdf file

January 15, 2010 - Liquidator’s Petition to Set Aside Fraudulent Transfers, for Damages and for Other Relief pdf file

November 24, 2009 - Liquidator’s Motion for Approval of Settlement Agreement with (and Stipulated Judgment Against) Colin Lindsey. Motion to Approve Notice and Objection Procedures for Hearing on same.

Motion for Approval of Settlement Agreement pdf file

Motion to Approve Notice and Objection Procedures pdf file

November 13, 2009 - Order approving Consent to Judgment by Balcarres in connection with Petition for Damages and Permanent Injunction against Balcarres LLC filed on November 10, 2009, by NH Bank Commissioner in his capacity as Noble trust Liquidator. Order results in transfer of all Balcarres assets and property to Liquidation Estate.

The Petition pdf file

The court order pdf file

July 13, 2009 - Writ of Summons for Michael J Walsh, dba Walsh & Associates pdf file

July 7, 2009 - Court’s Order Approving Liquidator’s Proposed Order for Approval of Settlement and Release Agreement Between Liquidator and PHL Variable  pdf file

June 29, 2009 - Proposed Order on Liquidator’s Motion for Approval of Settlement and Release Agreement, modified to address certain objections  pdf file

May 26, 2009 - Motion of Stanley D. Miller to Continue the Hearing on the Liquidator’s Motion for Approval of Settlement and Release Agreement with PHL Variable Insurance Company Granted pdf file

May 4, 2009 - NH Banking Commissioner Peter C. Hildreth, acting in his capacity as Noble Trust Liquidator, has filed with the Merrimack County Superior Court a Liquidator’s Register of Claims in connection with the Liquidation Procedure of the Noble Trust Company and Aegean Scotia Holdings, LLC.

The court filing pdf file

April 27, 2009 - NH Banking Commissioner Peter C. Hildreth, acting in his capacity as Noble Trust Liquidator, has filed suit against the Noble Trust officers and directors.

The Press Release pdf file
The Petition pdf file

April 21, 2009

Liquidator’s Motion for Approval of Settlement and Release Agreement with PHL Variable Insurance Company pdf file
Notice of Hearing pdf file

December 19, 2008

Memorandum of Law of the Liquidator in Opposition to Stanley Miller Motion for Temporary Injunctive Relief pdf file
Liquidator’s Motion for Approval of Settlement and Release Agreement with PHL Variable Insurance Company pdf file

September 5, 2008 - Pursuant to NH RSA 395:6, New Hampshire Banking Commissioner Peter C. Hildreth has filed an Inventory Report for the Noble Trust Company Liquidation pdf file.

June 11, 2008 - The Superior Court for Merrimack County, New Hampshire has entered an Order to Clarify the Order Appointing Liquidator pdf file, entered March 30, 2008.

April 10, 2008 - Pursuant to NH RSA 395:13 and in connection with the Merrimack County Superior Court Order dated March 27, 2008, the New Hampshire Banking Department Commissioner has mailed the following Proof of Claim documents “to all persons whose names appear as creditors upon the books of the institution so far as their addresses are known.”

Proof of Claim Form Word file
Proof of Claim Form pdf file
Proof of Claim Form Instructions pdf file

April 4, 2008 - The Commissioner of the New Hampshire Banking Department hereby gives notice, pursuant to NH RSA 395:7, that he has taken possession of the property and business of Noble Trust Company.

Notice of Possession pdf file

April 1, 2008 - On March 27, 2008 The Superior Court for Merrimack County, New Hampshire entered an order appointing Banking Department Commissioner Peter C. Hildreth, as Liquidator for Noble Trust Company.

Press Release pdf file
Liquidation Order pdf file
Robert A. Fleury, Deputy Bank Commissioner appointed Agent by Commissioner Hildreth pdf file

Other Activities

October 27, 2009 - Former Officers of Noble Trust Company Sentenced pdf file

August 19, 2009 - The NH Bank Commissioner in his capacity as Noble Trust Liquidator completed negotiations with Chubb Insurance and collected $1 million for the benefit of the Liquidation Estate due to a $1 million fidelity bond protecting against dishonest acts that the NHBD required Noble to carry.

Press Releases

April 22, 2009 - US Attorney’s Press Release announcing the Plea Agreement with Colin P. Lindsey

April 2, 2009 - US Attorney’s Press Release announcing the Plea Agreement with Lisa Elliott

March 5, 2009 - U.S. Attorney’s Announcement on Noble Trust Company Statement from Banking Commissioner Hildreth pdf file

July 30, 2008 - Please note that the deadline to submit claims against Noble Trust has been revised (extended) to August 11, 2008.
Claims must be received no later than 6:00 p.m. at PO Box 2765, Concord NH 03302.

June 26, 2008 - Please note that the Noble Trust Company has a new phone number: (603) 228-9009 and a new fax number: (603) 228-8009.

April 7, 2008 - Pursuant to RSA 395:7 the New Hampshire Banking Department has placed Legal Notices in several newspapers regarding claims pdf file

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