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Reserves for Expected Costs of Liquidation and Residual Wind-Down Claims and Costs
12 Months Ended
Mar. 31, 2018
Text Block [Abstract]  
Reserves for Expected Costs of Liquidation and Residual Wind-Down Claims and Costs

7. Reserves for Expected Costs of Liquidation and Residual Wind-Down Claims and Costs

The following is a summary of the activity in the reserves for expected costs of liquidation for the years ended March 31, 2018, 2017 and 2016:

 

(in thousands)    Reserve for
Expected
Wind-
Down
Costs
     Reserve for
Expected
Reporting
Costs
     Reserve for
Indenture
Trustee/
Fiscal
and Paying
Agent
Costs
    Total Reserves
for Expected
Costs of
Liquidation
 

Balance, March 31, 2015

   $ 21,089      $ 8,602      $ 364     $ 30,055  

Plus additions to reserves

     5,592        2,119        —         7,711  

Less liquidation costs incurred:

          

Trust Professionals

     (5,625      (2,291      —         (7,916

Trust Governance

     (3,438      (1,800      (71     (5,309

Other Administrative Expenses

     (891      (251      —         (1,142
  

 

 

    

 

 

    

 

 

   

 

 

 

Balance, March 31, 2016

     16,727        6,379        293       23,399  

Plus additions to reserves

     5,325        6,798        —         12,123  

Less liquidation costs incurred:

          

Trust Professionals

     (3,295      (2,294      —         (5,589

Trust Governance

     (2,848      (1,800      (68     (4,716

Other Administrative Expenses

     (58      (256      —         (314

Less funds returned to DIP Lenders

     (6,000      —          —         (6,000
  

 

 

    

 

 

    

 

 

   

 

 

 

Balance, March 31, 2017

     9,851        8,827        225       18,903  

Plus additions to reserves

     25,351        8,597        —         33,948  

Less liquidation costs incurred:

          

Trust Professionals

     (7,424      (2,669      —         (10,093

Trust Governance

     (2,523      (1,800      (81     (4,404

Other Administrative Expenses

     (51      (216      —         (267
  

 

 

    

 

 

    

 

 

   

 

 

 

Balance, March 31, 2018

   $ 25,204      $ 12,739      $ 144     $ 38,087  
  

 

 

    

 

 

    

 

 

   

 

 

 

During the year ended March 31, 2018, estimates of expected Wind-Down Costs and estimates of expected Reporting Costs (for which there is a reasonable basis for estimation) increased by $25.3 million and $8.6 million, respectively. During the year ended March 31, 2017, estimates of expected Wind-Down Costs and estimates of expected Reporting Costs increased by $5.3 million and $6.8 million, respectively. During the year ended March 31, 2016, estimates of expected Wind-Down Costs and estimates of expected Reporting Costs increased by $5.6 million and $2.1 million, respectively. Such revisions in the estimates were recorded as additions to the reserves for expected costs of liquidation in such years. The GUC Trust has recorded reserves for expected costs of liquidation that represent amounts expected to be incurred over the estimated remaining liquidation period of the GUC Trust for which there was a reasonable basis for estimation.

The amount of liquidation costs that will ultimately be incurred depends both on the time period and on the extent of activities required for the GUC Trust to complete its functions and responsibilities under the Plan and the GUC Trust Agreement. Significant uncertainty remains both as to that time period and as to the extent of those activities. As of March 31, 2018, the recorded reserves for expected costs of liquidation reflect estimated costs for a remaining liquidation period extending through November 2020, which was extended by ten months during the quarter ended March 31, 2018 from a remaining liquidation period previously extending through January 2020. The remaining liquidation period has been estimated predominately on a modified probability-weighted basis as permitted under U.S. GAAP and which the GUC Trust believes is the most appropriate measurement basis under the circumstances. Where an outcome is estimated to be likely, the likely outcome has been used as the best estimate and no weight has been given to the unlikely outcome. Beginning in the quarter ended December 31, 2016, the remaining liquidation period is dependent predominantly on the estimate of the remaining period of time for resolution of litigation involving certain General Motors vehicle recalls described in Item 3 (“Legal Proceedings”). During such quarter, developments in such vehicle recall litigation resulted in an extension in the estimated length of time for resolution of such litigation that now exceeds the estimate of the remaining period of time for resolution of the Term Loan Avoidance Action (which previously was the primary determinant). In addition, certain additional estimated time to wind down the GUC Trust following resolution of the litigation is included in the estimated liquidation period. It is possible that future developments in the General Motors vehicle recall litigation, as well as the Term Loan Avoidance Action, could extend the current estimate of such remaining period of time for resolution and, therefore, extend the estimated remaining liquidation period of the GUC Trust beyond November 2020. In addition, certain liquidation costs that are expected to be prepaid by the GUC Trust upon its dissolution have also been estimated and accrued. The GUC Trust’s estimates regarding the costs and remaining liquidation period may change in the near term, and such change may be material.

The following is a summary of the activity in the reserves for Residual Wind-Down Claims and Costs for the years ended March 31, 2018, 2017 and 2016:

 

(in thousands)    2018      2017      2016  

Balance, beginning of year

   $ 966      $ 19,957      $ 26,629  

Plus net addition to reserves

     9      237        —    

Plus reclassification of accrued liability

     9      417        —    

Less claims allowed during the period

     (815      (19,641      (6,661

Less costs incurred by trust professionals

     —          (4      (11
  

 

 

    

 

 

    

 

 

 

Balance, end of year

   $ 169      $ 966      $ 19,957  
  

 

 

    

 

 

    

 

 

 

Residual Wind-Down Claims allowed during the years ended March 31, 2018, 2017 and 2016 primarily consist of Avoidance Action Defense Costs. As described in Note 2, in April 2017, the GUC Trust entered into a letter agreement with the Administrative Agent. Such letter agreement provides that the GUC Trust’s obligation to pay Avoidance Action Defense Costs of the Administrative Agent is limited to an amount approximating the remaining designated Residual Wind-Down Assets. Such cap on Avoidance Action Defense Costs shall remain in place unless and until the Term Loan Avoidance Action is resolved in full (by final court order or by settlement), which court order or settlement contains a determination that the Administrative Agent was oversecured with respect to the loan which is the subject of the Term Loan Avoidance Action, or otherwise contains a voluntary agreement with the GUC Trust with respect to payment of the Avoidance Action Defense Costs. At this time, the GUC Trust does not expect to incur additional Avoidance Action Defense Costs.