More Information
The Receivership Proceedings
The docket for the Receivership Proceedings may be found at: In Re MCube Petroleum Inc.
The Related Criminal Matter
Information on the related criminal matter may be found at: United States v. Robert Miracle et al.
Filing Claims
To be included in the list of creditors/investors who may be entitled to participate in the distribution of assets from the Receivership Estate, you must file a claim with the Receiver using the Proof of Claim form provided on this website. When you submit your Proof of Claim form to the Receiver, you will automatically be included in the victim list maintained by the Department of Justice for the purpose of restitution in the criminal matter.
The following is excerpted from the Case Management Order entered on July 21, 2009 in the Receivership proceeding:
The Superior Court has established procedures for filing proofs of claims. Claims must be filed on the Proof of Claim form printed below. All claims, whether contingent, liquidated, unliquidated, or disputed, and claims that are secured with interests or liens against property of the Receivership Estate, arising prior to the appointment of the Receiver, must be served in accordance with this notice and RCW 7.60.210. Any claim not so filed is barred from participating in any distribution to creditors in the Receivership proceeding and may be deemed to have waived any further notice of proceedings.
Claims must be served by delivering or mailing the Proof of Claim form such that it is received by the Receiver or his attorneys within 120 days from the date notice is given by mail, or the date of first publication of this notice, whichever is later. Claims need not be filed with the Clerk of the Court. Claims filed by state or federal agencies must be filed not later than 180 days from the later date of mailing or the first publication of this notice. The Superior Court has reserved the right to establish additional claims bar dates as the interests of justice or the circumstances of the case warrant.
Claims must be in writing and provide the information required by the Proof of Claim form printed below. At a minimum, the claim must identify the name and address of the creditor(s), the nature and amount of the claim, and the date of the claim, and be executed by the claimant or authorized representative of the claimant. When a claim, or a security interest in property of the Receivership Estate, is based on a writing, the original or a copy of the original writing must be included as part of the proof of claim, together with evidence of perfection of any security interest or other lien asserted by the claimant. A claim, executed and served in accordance with this notice, constitutes prima facie evidence of the validity and amount of the claim.
If you were not mailed a Notice, the last date to file claims is December 12, 2009. This includes claims for restitution as well as in the Receivership proceedings.