Rising Tide Distribution Method definition
Rising Tide Distribution Method means the method of distribution to be applied by the Trustee for the distribution of Victim Funds to holders of Allowed Victim Claims. The Rising Tide Distribution Method shall govern all Victim Claims under the Plan, even if the amount asserted for any Victim Claim in its corresponding Victim Proof of Claim or in the Schedules or otherwise exceeds the Victim Net Claim Amount for such Victim Claim. Under the Rising Tide Distribution Method, Investors who are not Winning Investors are allowed to retain the total Withdrawals they have previously received (whether such Withdrawals are prepetition Withdrawals or are funds received by such Investors from the proceeds of the Trustee’s post-petition sale of properties or from post-petition settlements with the Trustee), but their total Withdrawals are subtracted from the amount of their Investment to determine their Victim Net Claim Amount as well as their initial recovery percentage (rather than their net loss) for distribution purposes.