EminiFX, Inc. Receivership

EminiFX, Inc. Receivership

Case Number: 22-03822 (VEC)

Southern District of New York

Non-User Proof of Claim Procedures


Did you ever have an EminiFX account and is your claim 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 complete and serve a Proof of Claim.

There are two ways to submit a Proof of Claim:

        1. To complete, sign and submit your Proof of Claim form electronically, please click HERE.

        2. To submit your completed Proof of Claim via hard copy, please send your signed Proof of Claim via either First Class Mail (United States Postal
            Service), overnight courier or in-person to the following address:

            EminiFX Claims Processing 
            c/o Stretto
            410 Exchange, Suite 100
            Irvine, CA 92602

To download a Proof of Claim form, please click HERE. The Proof of Claim form is also available to anybody that makes a written request for such document to EminiFXClaims@Stretto.com or to the physical address EminiFX Claims c/o Stretto, 410 Exchange, Suite 100, Irvine, CA 92602.

Claimants must attach to each Proof of Claim copies (not originals) of all documents available to the Claimant on which the Claimant relies to support its Proof of Claim. Such documentation may include, but is not limited to: 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, and other documents evidencing the amount and basis of the Non-User Claim. If such supporting documentation is not available, the Claimant shall attach to the Proof of Claim an explanation of why the documentation is unavailable.

No Proof of Claim should be filed with the Court and any Proof of Claim so filed will not be considered properly served.

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

If you serve a hard copy of your Proof of Claim by mail and wish to receive confirmation of its submission, please enclose a stamped self-addressed envelope and an additional copy of the completed Proof of Claim with a note that you would like to receive confirmation that your Proof of Claim has been received.

If you serve a copy of your Proof of Claim via the online version of the Proof of Claim Form, you will receive an email confirmation of your submission. You may print and retain a copy of this email for your records.

Is there a deadline to serve the completed Proof of Claim Form?

Yes.  The Receiver’s Claims Agent must actually receive 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.

The Receiver has the discretion to extend the time for a Claimant to complete and serve its proof of Claim for cause shown, or to accept service by other means.

Any Claimant that fails 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