Par Funding Receivership Website

Securities and Exchange Commission v. Complete Business Solutions Group, Inc., et al.

Case No. 20-cv-81205-RAR

United States District Court for the Southern District of Florida

Claims Process - Frequently Asked Questions

Below are answers to commonly asked questions the Reciever and his claims agent have received from investors and other potential claimants.

Epiq Corporate Restructuring, LLC is one of the country’s leading Receivership and Bankruptcy case administrators and is retained as the noticing and claims agent to disseminate official communication related to the Receivership and administer claims on behalf of the Receiver.

A receiver is an officer of the Court, not an employee of the Securities and Exchange Commission, and ultimately answers to the Court. In this case, Ryan K. Stumphauzer, Esq., is the Court-appointed Receiver for the various Receivership Entities.

We cannot provide you legal advice or make a determination as to whether you are a claimant/creditor. You are only considered a claimant/creditor in the case if you are owed money or property by a Receivership Entity. We recommend that you consult with an attorney for further explanation.

The Proof of Claim form is the document that must be completed by a creditor to assert a claim against the Receivership. For more information on the claims process, please visit https://parfundingreceivership.com/claims_process/.

No. Proof of Claim submissions by e-mail and fax will not be accepted.

For more information on the claims process, please visit https://parfundingreceivership.com/claims_process/

No. Proofs of Claim should not be filed with the Court, or sent to the Receiver, his legal counsel, retained professionals, or otherwise delivered to a Receivership Entity, and any Proof of Claim so filed or sent will not be considered properly submitted.

All Proof of Claim forms must be submitted through the Claims Portal at https://epiqworkflow.com/cases/PFN or sent to the Receiver’s Processing Center at the address listed below:

If sent by first class mail, completed original Proof of Claim forms should be sent to:

Par Funding Receivership Claims Processing Center

c/o Epiq Corporate Restructuring, LLC

P.O. Box 4421

Beaverton, OR 97076-4421

If by Hand Delivery or Overnight Mail:

Par Funding Receivership Claims Processing Center

c/o Epiq Corporate Restructuring, LLC

10300 SW Allen Blvd.

Beaverton, OR 97005

All Proof of Claim forms must be submitted through the Claims Portal at https://epiqworkflow.com/cases/PFN or to the Receiver’s Processing Center at the address listed below:

If sent by first class mail, completed original Proof of Claim forms should be sent to:

Par Funding Receivership Claims Processing Center

c/o Epiq Corporate Restructuring, LLC

P.O. Box 4421

Beaverton, OR 97076-4421

If by Hand Delivery or Overnight Mail:

Par Funding Receivership Claims Processing Center

c/o Epiq Corporate Restructuring, LLC

10300 SW Allen Blvd.

Beaverton, OR 97005

You must timely submit your Proof of Claim such that if uploaded to the claims portal or sent by courier service, it is delivered to the Claims Agent no later than the Claims Bar Date, or if sent by mail it is postmarked no later than the Claims Bar Date.

If you choose to submit a Proof of Claim by courier service, you should retain evidence that the Proof of Claim was delivered to the Claims Agent no later than the Claims Bar Date. If you choose to submit a Proof of Claim by mail, it is recommended that you submit your Proof of Claim by certified or registered mail and retain evidence that the Proof of Claim was postmarked no later than the Claims Bar Date.

Yes. For more information on submitting supporting documentation and the claims process, please visit https://parfundingreceivership.com/claims_process/.

Please note that claims that are submitted without appropriate supporting documents may be objected to and eventually disallowed.

Each submitted Proof of Claim shall include and attach documents that support the Proof of Claim. Such documentation may include, but is not limited to: copies of personal checks, cashier’s checks, wire transfer advices, and other documents evidencing the investment of funds; copies of each signed investment contract; copies of all agreements, promissory notes, purchase orders, invoices, itemized statements of running accounts, contracts, court judgments, mortgages, security agreements, evidence of perfection of lien; Form 1099s, Schedule K-1s, or other similar tax forms related to any investment in, ownership of, or receipt of principal or interest from one of the Receivership Entities; and other documents evidencing the amount and basis of the Claim.  A summary may also be uploaded.  Please attach a copy of any power of attorney, death certificate, or other authorizing documents as needed.

In addition, the Proof of Claim shall include a Form W-9, Form W-8, or other similar IRS form to confirm the Claimant’s name, address, and taxpayer identification number (TIN).

As applicable, supporting documentation must also include a chronological accounting of any payments made to or received from any of the Receivership Entities, whether such payments were denominated as the return of principal, interest, commissions, finder’s fee, or otherwise, indicating the date and amount of each withdrawal or payment. Investors must include such information starting from at least January 1, 2017 through July 27, 2020, by completing the Investor Supplement to Proof of Claim Form, as applicable, which is attached to the Proof of Claim form as Exhibit A. Claimants that pooled funds from individual investors for investment in CBSG, referred to as “Agent Funds,” must complete the Agent Fund Supplement to Proof of Claim Form, which is attached to the Proof of Claim form as Exhibit B.

Please include your name on every document that you submit.

DO NOT SEND ORIGINAL DOCUMENTS.

PLEASE DO NOT SUBMIT THE FOLLOWING TYPES OF DOCUMENTS WITH THE PROOF OF CLAIM FORM UNLESS REQUESTED BY THE RECEIVER OR THE CLAIMS AGENT: (a) marketing brochures and other marketing materials received by you from any of the Receivership Entities, (b) routine or form correspondence received by you from any of the Receivership Entities, (c) copies of pleadings on file in any case involving the Receiver or the Receivership Estate, and (d) other documents received by you from the Receivership Estate.

The Receiver and his claims agent are not authorized to assist you with completing the Proof of Claim forms or providing you with legal advice. If you require further assistance in filling out the Proof of Claim form, you may wish to contact legal counsel.

Once the proofs of claim are filed, the Receiver will review them to confirm whether they have been properly completed and whether the records of the Receivership Entities support each claim. Distribution on claims with which the Receiver is in agreement will be paid pursuant to a distribution plan that will be ordered by the Court at a future date, following the conclusion of the claims process.  This process normally takes several months but can also last longer. For more information on claims and the status of the Receivership, please visit the website at: https://parfundingreceivership.com/.

To amend or make changes to an already filed proof of claim form, you need to complete and submit a new proof of claim form.

Complete the form and be sure to check the box that reads “Check this box if this claim amends a previously filed claim.” Please include the date the previous claim was filed and the claim number, if known.

All Proof of Claim forms must be sent through the Claims Portal at https://epiqworkflow.com/cases/PFN or to the Receiver’s Processing Center at the address listed below:

If sent by first class mail, completed original Proof of Claim forms should be sent to:

Par Funding Receivership Claims Processing Center

c/o Epiq Corporate Restructuring, LLC

P.O. Box 4421

Beaverton, OR 97076-4421

If by Hand Delivery or Overnight Mail:

Par Funding Receivership Claims Processing Center

c/o Epiq Corporate Restructuring, LLC

10300 SW Allen Blvd.

Beaverton, OR 97005

Yes. The Court has approved a procedure for each person or entity who believes he, she, or it may have a claim against any Receivership Entity. If you believe you may have a claim arising out of or in any way related to the acts, conduct, or activities of the Receivership Entities, you MUST submit a Proof of Claim. The Proof of Claim Form must be received by the Receiver’s Claims Agent, Epiq Corporate Restructuring, LLC (“Epiq”), on or before March 22, 2023, at 11:59 p.m. (prevailing Eastern Time). 

If claims are submitted by first class mail, the mail must be postmarked no later than the Claims Bar Date.

For more information on the claims process, and the Court’s order approving the claims bar date, please visit https://parfundingreceivership.com/claims_process/.

The clams bar date is the deadline by which your Proof of Claim Form must be received by the Receiver’s Claims Agent, Epiq Corporate Restructuring, LLC (“Epiq”). THE CLAIMS BAR DATE IS March 22, 2023, at 11:59 p.m. (prevailing Eastern Time).

For more information on the claims process, and the Court’s order approving the claims bar date, please visit https://parfundingreceivership.com/claims_process/.

A Notice of Claims Bar Date and Procedures for Submitting a Proof of Claim (the “Notice”) is being sent to many individuals and entities that have had some relationship or have done business with the Receivership Entities. The fact that a person or entity received a notice does not necessarily mean the recipient has a Claim, or that the Court or the Receiver believes the recipient has a Claim against one of the Receivership Entities or the Receivership Estate.

Except as otherwise provided by the court, ALL individuals and entities (including, without limitation, partnerships, corporations, joint ventures, estates, trusts, and governmental units or authorities) that believe they possess a Receivership Entity-Related Claim, a potential or claimed right to payment, or a potential claim of any nature, against any of the Receivership Entities and believe that they are owed money by, or are entitled to a distribution from, the Receivership Estate must submit a Proof of Claim.

For more information on the claims process, please visit https://parfundingreceivership.com/claims_process/.

An Administrative Claim is a Claim based on one of the following:

  • the provision of goods or services for the benefit of the Receivership Estate or at the request of the Receiver, beginning on or after July 27, 2020, which remain unpaid;
  • any taxes arising from or attributable to tax periods beginning on or after July 27, 2020, including those that may be asserted by federal, state, local or other governmental entities or authorities, which remain unpaid;
  • an uncashed check issued on or after July 27, 2020; or
  • any current, future or contingent contractual obligations (including indemnification obligations) arising from any contract entered into by or on behalf of the Receivership Estate.

A “Receivership Entity-Related Claim” is a Claim against any Receivership Entity based on the conduct by:

  • any of the Receivership Entities;
  • any individual employed by a Receivership Entity arising from any action of the employee undertaken in the course and scope of that employment; or
  • any officer or director of a Receivership Entity arising from any actions undertaken by that person prior to July 27, 2020, in relation to that role.

Without limiting the generality of the foregoing, a Receivership Entity-Related Claim includes, but is not limited to, a Claim against a Receivership Entity based on:

  • a transaction related to promissory notes or other money loaned to any Receivership Entity;
  • investments (by subscription or otherwise) in any Receivership Entity;
  • any contract, lease, or other agreement entered into prior to July 27, 2020, for which payment has not been made in whole or in part or for which payment will become due prior to, on or after July 27, 2020;
  • the provision of goods or services provided prior to July 27, 2020; (iv an uncashed check issued prior to July 27, 2020;
  • unpaid wages, compensation, or other employment benefits, for periods prior to July 27, 2020;
  • any legal action or claim filed or otherwise asserted against any of the Receivership Entities; and
  • taxes payable by a Receivership Entity arising from or attributable to tax periods beginning prior to July 27, 2020, even if due and payable subsequent to July 27, 2020, including those that may be asserted by federal, state, local or other governmental entities or authorities.

For more information on the claims process please visit https://parfundingreceivership.com/claims_process/.

Proof of Claim Forms submitted with a valid email address will receive email notification from the Claims Agent confirming receipt of the Proof of Claim.

You may also confirm receipt of the Proof of Claim by emailing a request to Epiq at [email protected].

Investors in one of the Receivership Entities who wish to submit a Proof of Claim should also fill out and submit the Investor Supplement to Proof of Claim Form, which is attached to the Proof of Claim Form as Exhibit A. 

Claimants that pooled funds from individual investors for investment in CBSG, referred to as “Agent Funds,” must complete the Agent Fund Supplement to Proof of Claim Form, which is attached to the Proof of Claim form as Exhibit B.

Additionally, each submitted Proof of Claim shall include and attach documents that support the Proof of Claim. Such documentation may include, but is not limited to: copies of personal checks, cashier’s checks, wire transfer advices, and other documents evidencing the investment of funds; copies of each signed investment contract; copies of all agreements, promissory notes, purchase orders, invoices, itemized statements of running accounts, contracts, court judgments, mortgages, security agreements, evidence of perfection of lien; Form 1099s, Schedule K-1s, or other similar tax forms related to any investment in, ownership of, or receipt of principal or interest from one of the Receivership Entities; and other documents evidencing the amount and basis of the Claim.  A summary may also be uploaded.  Please attach a copy of any power of attorney, death certificate, or other authorizing documents as needed.

As applicable, supporting documentation must also include a chronological accounting of any withdrawals made by or payments received from any of the Receivership Entities, whether such payments were denominated as the return of principal, interest, commissions, finder’s fee, or otherwise, indicating the date and amount of each withdrawal or payment. Investors must include such information starting from at least January 1, 2017 through July 27, 2020.

In addition, the Proof of Claim shall include a Form W-9, Form W-8, or other similar IRS form to confirm the Claimant’s name, address, and taxpayer identification number (TIN).

Please include your name on every document that you submit.

The Court has not yet determined whether any distributions will be made directly to individual investors in Agent Funds that are not Receivership Entities.  As a result, if you invested in an Agent Fund that is not a Receivership Entity, you are not required to file a claim at this time, but you may do so.  Any individual claims filed by investors in Agent Funds will be matched up and compared to the claim filed by the Agent Fund during the reconciliation process. The reconciliation process has not begun and is not expected to occur until AFTER the Claims bar Date.

On the other hand, if you are an investor in an Agent Fund that is a Receivership Entity, you should file a claim if you wish to preserve your right to receive a distribution. 

If you have any questions about whether an Agent Fund has filed a claim, you should contact the manager of that Agent Fund.  If you are an investor in an Agent Fund that is a Receivership Entity (i.e., under the control of the Receiver), you should submit a claim if you wish to preserve your right to receive a distribution.

If you invested through more than one Agent Fund or Receivership Entity, you should file a separate claim for each of the Agent Funds or Receivership Entities, indicating the appropriate Agent Fund or Receivership Entity on each Proof of Claim Form.

No.  Some investors made multiple investments through the same Agent Fund or Receivership Entity.  For example, an investor may have invested funds at different times and received separate promissory notes from one particular Agent Fund or Receivership Entity.  In that case, you do not need to submit individual claims for each investment you made in that Agent Fund or Receivership Entity.  Rather, you should provide the details for all of your investments in a single claim, noting the various investments you made in that Agent Fund or Receivership Entity on the Investor Supplement to Proof of Claim Form.  Additionally, if you invested in a Receivership Entity through a promissory note that matured, and you extended or renewed that note, you should indicate your original investment date, renewal or extension date, and all other detail requested on the Investor Supplement.

You should make your claim against the entity through you were invested as of July 27, 2020.  For example, if you originally invested in ABFP Income Fund 3, but you agreed to accept an Exchange Note in 2020 from ABFP Income Fund 3 Parallel, you should assert your claim against ABFP Income Fund 3 Parallel.

If more than one person is the noteholder on a promissory note you received in connection with your investment in one of the Agent Funds, you may submit one single Proof of Claim for that investment.  The names of both noteholders who received that promissory note should be included on the Proof of Claim Form, and each noteholder should execute the Proof of Claim Form.

CamaPlan, as the custodian and agent of the various CamaPlan IRA Accounts that invested in the companies that are the subject of this Receivership case, has indicated that it intends to submit a claim on behalf of its various account holders.  If you invested through a CamaPlan IRA Account, you should receive a communication from CamaPlan asking you to verify the details of that investment.  If CamaPlan has submitted a claim on your behalf for the investment you made through your CamaPlan IRA, you are not required to submit your own separate claim for that investment.  If you are unsure whether CamaPlan has submitted a claim on your behalf, you may submit your own Proof of Claim on behalf of the investment you made through your CamaPlan IRA Account.  You may wish to contact CamaPlan if you have not been in communication with them regarding the claims process or if you are uncertain whether CamaPlan is submitting a claim on your behalf.

If, in addition to the investment you made through your CamaPlan IRA account, you also invested in your own individual name or in some separate capacity, you would be responsible for submitting your own claim for those other investments. 

You are not precluded from filing your own claim for any investment you made through a CamaPlan IRA account.  But any claims you assert that are duplicative of the claim CamaPlan submits on your behalf will be subject to potential objection and adjudication through the court during the claims reconciliation process.

You may include any amounts that you would like the Receiver to consider in connection with your Proof of Claim.  The fact that you have included certain charges or other amounts in the amount you are claiming in your Proof of Claim does not mean, however, that you will be entitled to recover those amounts, or that the Receiver will recommend that these amounts be approved as part of your claim.

You may update your contact information through Epiq’s portal at https://epiqworkflow.com/cases/PFN by submitting the fields requested in the online Change of Information Form or by uploading a completed Change of Information Form. 

A link to a downloadable and printable Change of Information Form that you can complete by hand is also on the Receivership’s website at https://parfundingreceivership.com/claims_process/.

Change of Information Forms may also be sent to the Claims Agent by electronic mail, as an attachment in portable document format (.pdf), to [email protected], or sent by mail addressed to Par Funding Receivership Claims Processing Center, c/o Epiq Corporate Restructuring, LLC, P.O. Box 4421, Beaverton, OR 97076-4421.

You may submit written inquiries by email to [email protected]. However, Proof of Claim Forms cannot be sent by e-mail and must be filed using the Epiq’s portal at https://epiqworkflow.com/cases/PFN, or delivered by U.S. Mail or courier service to the Receiver’s claim processing agent. Proof of Claim Forms sent by e-mail will not be reviewed and will not be considered properly filed.