EminiFX, Inc. Receivership

EminiFX, Inc. Receivership

Case Number: 22-03822 (VEC)

Southern District of New York

Non-User Proofs of Claim

THE GENERAL NON-USER CLAIM BAR DATE AND THE GOVERNMENTAL UNITS BAR DATE HAVE PASSED

ATTENTION!

Did you ever have an EminiFX account and is your claim based on your status as an EminiFX User?

IF YES, DO NOT SUBMIT A NON-USER EMINIFX PROOF OF CLAIM FORM FOR ANY CLAIMS BASED ON YOUR STATUS AS AN EMINIFX USER.

All Users should have received an email from the Receiver asking you to create an account on the Portal. Follow the instructions in that email instead. If you did not receive that email, but had an EminiFX account, please go to portal.eminifxreceivership.com and select "Didn't receive an email?".

Persons holding Claims that arose on or after July 1, 2023 are not required to file a Proof of Claim pursuant to these Procedures at this time.

If you are not an EminiFX User or have a Claim against EminiFX not based on your status as a User, you must have completed and served a Proof of Claim by the applicable bar date. All bar dates have now passed. If you believe that you should have submitted a Non-User Proof of Claim and did not do so, please email EminiFXClaims@Stretto.com for additional details, and provide a reason for why you did not submit the Proof of Claim by the applicable deadlines set forth below.

What was the deadline to serve the completed Proof of Claim Form?

The Receiver’s Claims Agent must have actually received your Proof of Claim, including any supporting documentation, by the following deadlines:

        1. 5:00 p.m. (prevailing Eastern Time) on October 30, 2023 the deadline for Claimants other than Governmental Units to serve Proofs of Claim; and

        2. 5:00 p.m. (prevailing Eastern Time) on December 27, 2023 is the deadline for Governmental Units to serve Proofs of Claim.

How do I know that my proof of claim has been served?

If you served a hard copy of your Proof of Claim by mail and included a stamped self-addressed envelope, you should have receives confirmation in the mail.

If you served a copy of your Proof of Claim via the online version of the Proof of Claim Form, you should have received an email confirmation of your submission.
 

Any Claimant that failed to serve a Proof of Claim in a timely manner and in the form required pursuant to the Order is deemed to hold an “Abandoned Claim.” Any Claimant holding an Abandoned Claim will:

        (i)    be forever barred, estopped, and enjoined to the fullest extent allowed by applicable law from asserting, in any manner, such Abandoned
               Claim against EminiFX and its property;

        (ii)   not be permitted to object on account of such Abandoned Claim to any Distribution that may be proposed by the Receiver;

        (iii)   be denied any Distributions on account of such Abandoned Claim under any Distribution that may be proposed by the Receiver; and

        (iv)   not receive any further notices on account of such Abandoned Claim.


For questions related to the Non-User Proof of Claim Procedures, you can contact Stretto at:
Toll-Free: (855) 228-3721
International: (949) 407-5078
Email: EminiFXClaims@Stretto.com