-----BEGIN PRIVACY-ENHANCED MESSAGE----- Proc-Type: 2001,MIC-CLEAR Originator-Name: webmaster@www.sec.gov Originator-Key-Asymmetric: MFgwCgYEVQgBAQICAf8DSgAwRwJAW2sNKK9AVtBzYZmr6aGjlWyK3XmZv3dTINen TWSM7vrzLADbmYQaionwg5sDW3P6oaM5D3tdezXMm7z1T+B+twIDAQAB MIC-Info: RSA-MD5,RSA, Ve/+2lQz63UbtV0mImTgse6W5Wm/+HGvYhPt1s3Yl6+SExVVa9pnJidBKrYFfJze JeRGq2wpg5/UlAXY/2pUlA== 0001021408-03-003065.txt : 20030218 0001021408-03-003065.hdr.sgml : 20030217 20030218123812 ACCESSION NUMBER: 0001021408-03-003065 CONFORMED SUBMISSION TYPE: 8-K PUBLIC DOCUMENT COUNT: 2 CONFORMED PERIOD OF REPORT: 20030215 ITEM INFORMATION: Other events ITEM INFORMATION: Financial statements and exhibits FILED AS OF DATE: 20030218 FILER: COMPANY DATA: COMPANY CONFORMED NAME: COAST FEDERAL LITIGATION CONTINGENT PAYMENT RIGHTS TRUST CENTRAL INDEX KEY: 0001052801 STANDARD INDUSTRIAL CLASSIFICATION: SAVINGS INSTITUTION, FEDERALLY CHARTERED [6035] IRS NUMBER: 137140975 STATE OF INCORPORATION: DE FISCAL YEAR END: 1231 FILING VALUES: FORM TYPE: 8-K SEC ACT: 1934 Act SEC FILE NUMBER: 000-23743 FILM NUMBER: 03570558 BUSINESS ADDRESS: STREET 1: E A DELLE DONNE CORPORATE CENTER STREET 2: 1011 CENTRE RD CITY: WILMINGTON STATE: DE ZIP: 19805 BUSINESS PHONE: 3026363300 MAIL ADDRESS: STREET 1: BANKERS TRUST CO STREET 2: FOUR ALBANY ST CITY: NEW YORK STATE: NY ZIP: 10006 8-K 1 d8k.htm FORM 8-K Form 8-K

 


 

SECURITIES AND EXCHANGE COMMISSION

Washington, D.C. 20549

 


 

FORM 8-K

 

Current Report Pursuant

to Section 13 or 15(d) of the

Securities Exchange Act of 1934

 

Date of Report (Date of Earliest Event Reported) February 15, 2003

 


 

COAST FEDERAL LITIGATION CONTINGENT PAYMENT RIGHTS TRUST

(Exact Name of Registrant as Specified in its Charter)

 


 

Delaware

(State or Other Jurisdiction of Incorporation)

 

333-44155

 

13-7140975

(Commission File Number)

 

(I.R.S. Employer Identification No.)

 

E.A. Delle Donne Corporate Center, Montgomery Building,

1011 Centre Road, Wilmington, Delaware

 

19805

(Address of Principal Executive Offices)

 

(Zip Code)

 

302 636-330

(Registrant’s Telephone Number, Including Area Code)

 

Not Applicable

(Former Name or Former Address, if Changed Since Last Report)

 


 


 

Item 5.    Other Events.

 

The Registrant has issued the press release, dated February 15, 2003, attached as an exhibit hereto describing a recent development in the case brought by Coast Federal Savings, FSB (“Coast Federal”), against the United States Government relating to the Government’s alleged breach of the agreement, entered into in 1987 in connection with Coast Federal’s acquisition of Central Savings and Loan Association, to treat certain amounts as a permanent addition to Coast Federal’s regulatory capital.

 

Item 7.    Financial Statements, Pro Forma Financial Information and Exhibits.

 

(c)   Exhibits.

 

Exhibit No.


  

Document Description


99.1

  

Press release of the Registrant, dated February 15, 2003

 


 

SIGNATURES

 

Pursuant to the requirements of the Securities Exchange Act of 1934, the Registrant has duly caused this report to be signed on its behalf by the undersigned hereunto duly authorized.

 

       

COAST FEDERAL LITIGATION CONTINGENT PAYMENT RIGHTS TRUST

(Registrant)

Dated: February 15, 2003

     

By:

 

/s/  RAY  MARTIN


               

Name: Ray Martin

Title: Litigation Trustee

 

 


 

INDEX TO EXHIBITS

 

Exhibit No.


  

Document Description


99.1

  

Press release of the Registrant, dated February 15, 2003

 

 

EX-99.1 3 dex991.htm PRESS RELEASE Press Release

Exhibit 99.1

 

Contact: Brock Hill

(626) 535-1932

 

COAST LITIGATION TRUST ANNOUNCES

ORDER GRANTING GOVERNMENT PETITION FOR

REHEARING OF APPELLATE COURT DECISION

 

PASADENA, Calif., February 15, 2003—The Coast Federal Litigation Contingent Payment Rights Trust (NASDAQ:CCPRZ) (the “Trust”) announced today that, in connection with the appeal in Coast Federal Bank, Federal Savings Bank (“Coast Federal”) v. The United States (Appeals Court Docket No. 02-5032) (the “Appeal”), on February 14, 2003, the United States Court of Appeals for the Federal Circuit (the “Appeals Court”) issued an order (the “Order”) granting the government’s Petition for Rehearing En Banc.

 

The Order vacates the judgment and original opinion of a three member panel of the Appeals Court issued on October 8, 2002, in favor of Coast Federal, and provides that the entire Appeals Court sitting En Banc will decide the Appeal on the briefs that have already been filed without further oral argument. The Trust is unable to predict when the Appeals Court will issue its ruling on the Appeal.

 

Coast Federal filed the Appeal seeking reversal of the December 28, 2000 opinion and order of the United States Court of Federal Claim (the “Claims Court”) that the regulatory capital arising from Coast Federal’s contractual capital credit was not permanent, as Coast Federal maintains, but rather amortized over 12.7 years, which opinion and order led to the Claims Court’s October 18, 2001 entry of judgment in favor of the government.

 

If the Appeals Court sitting En Banc upholds the Claims Court’s December 28, 2000, ruling that the regulatory capital arising from Coast Federal’s contractual capital credit was not permanent but rather amortized over 12.7 years, and Coast Federal does not seek or does not obtain certiorarai to the United States Supreme Court, or having obtained certiorarai does not obtain a favorable Supreme Court ruling, no award of monetary damages will be made to Coast Federal, and therefore no monetary payment will be possible from the Trust to certificateholders.

 

If the Appeals Court sitting En Banc rules in favor of Coast Federal and the case is remanded to the Claims Court for further proceedings to determine the amount of damages due to Coast Federal, there can be no assurance that Coast Federal will succeed in establishing damages or in ultimately obtaining any monetary or other recovery in the litigation. If Coast Federal does not obtain a monetary or other recovery in an amount exceeding its expenses, no monetary payment will be possible from the Trust to certificateholders.

 

The Trust, established as part of the transaction pursuant to which Coast Savings Financial, Inc., merged with and into H.F. Ahmanson & Co., holds Ahmanson’s or its successor’s commitment to pay the Trust the net after-tax proceeds, if any, received by Coast Federal, or its successor, in Coast Federal Bank, Federal Savings Bank v. The United States (Claims Court Civil Action No. 92-466C), which is the litigation referred to above. Certificates representing undivided interests in the assets of the Trust, and therefore interests in

 


 

Ahmanson’s commitment, were publicly issued by the Trust to the holders of Coast Savings’ common stock immediately prior to the effectiveness of Coast Savings’ merger with Ahmanson on February 13, 1998. The certificates trade on The NASDAQ National Market under the symbol CCPRZ. ##

 

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