Note: Listed below are selected Court materials related to the Sunwest receivership and Stayton bankruptcy cases. This site does not provide a complete listing of all documents filed in these cases. Please refer to the court docket on The BMC Group website for a more complete view of the case.

Court Order Approving Receiver’s, CRO’s, and Debtor’s Second Amended Disclosure Statement, May 27, 2010

Order Approving Disclosure Statement

Receiver’s, CRO’s, and Debtor’s Second Amended Disclosure Statement

Second Amended Disclosure Statement, approved May 27, 2010

Ex. 1 – Glossary
Ex. 2 – Plan of Reorganization (see below)
Ex. 3 – HFG Parties Distribution Schedule
Ex. 4 – Sunwest Receivership Professional Fees
Ex. 5 – Financial Projections of Acquirer
Ex. 6 – Financial Projections of Trustco
Ex. 7 – Liquidation Analysis

 Second Amended Plan of Reorganization, filed May 27, 2010

Ex. 1 – Distribution Plan and Distribution Plan Approval
Ex. 2 – Personal Property Secured Claims
Ex. 3 – Real Property Secured Claims
Ex. 4 – Agreement of Purchase and Sale
Ex. 5 – Assumed Executory Contracts and Unexpired Leases
Ex. 6 – Blackstone LLC Agreement
Ex. 7 – Rollover Member LLC Agreement
Ex. 8 – Form Loan and Security Agreements
Ex. 9 – Lender Term Sheets or Modification Agreements
Ex. 10 – Transcript of Proceedings of April 2, 2010
Ex. 11 – Notice of Rollover Equity Election
Ex. 12 – Holdco Properties
Ex. 13 – Trustco Properties
Ex. 14 – Sunwest Entities

Combined Disclosure Statement Documents

Blackstone Agreement of Purchase, Sale and Contribution

5-17-10 Order Approving Agreement of Purchase and Sale
Agreement of Purchase and Sale, January 15, 2010
Amendment 1 to PSA
Amendment 2 to PSA
Amendment 3 to PSA

Exhibit A-1 - Legal Descriptions of Lands
Exhibit A-2 - Allocated Purchase Price
Exhibit B - List of Properties
Exhibit C - Form of Deed
Exhibit D - Excluded Personal Property
Exhibit E - Encumbrances on Personal Property
Exhibit F - Bill of Sale
Exhibit G - Form of Assignment and Assumption Agreement
Exhibit H - Form of FIRPTA Affidavit
Exhibit I-1 - Existing Real Property Loans
Exhibit I-2 - Existing Personal Property Loans
Exhibit J - Non-Terminable Operating Contracts
Exhibit K - Stayton Provided Information
Exhibit L - Bid Procedures
Exhibit M-1 - Title Report
Exhibit M-2 - Title Companies
Exhibit M-3 - Required Removal Exceptions
Exhibit M-4 - Required Affirmative Insurance
Exhibit M-5 - Required Title Consent Properties
Exhibit M-6 - Required Title Notice Properties
Exhibit M-7 - Required Title Option Properties
Exhibit M-8 - Missing Survey Properties
Exhibit N - Utility Company Deposits
Exhibit O-1 - Modification Schedule
Exhibit O-2 - Underwritten Rate Calculation
Exhibit O-3 - Form Modification Documents
Exhibit O-4 - CS-20 Term Sheet
Exhibit O-5 - CS-27 Term Sheet
Exhibit O-6 - GE Term Sheet
Exhibit O-7 - Forward Curve
Exhibit O-8 - DSCR Test Modifications
Exhibit O-9 - Underwritten Assumed Real Property Loan Balance
Exhibit O-10 - Permitted Discrepancies
Exhibit P - Motor Vehicles
Exhibit Q - Reorganization Plan
Exhibit R - (Intentionally Omitted)
Exhibit S - Form of Interim Operating Agreement
Exhibit T - Blackstone Venture LLC Agreement
Exhibit U - Resident Agreement Brokers
Exhibit V - Facility Managers
Exhibit W - Form of Ground Lease Estoppel

Combined Exhibits, A-1 through W

Claims Procedures

Note: If, after reviewing the claims prodecures materials in this section, you have additional questions, please feel free to contact the Receiver’s dedicated Sunwest Claims Hotline at 866-674-6791.

Order Extending Certain Deadlines

I. SEC v. Sunwest (case no. 09-cv-6056-HO)

A. Claims Procedure Documents

1. Notice of Claims Procedures & Claims Bar Date (deadline)

2. Proof of Claim Form

3. Notice of Election Form

4. Notice of TIC Election Cancellation Form

B. Court Order Approving Claim Procedure (Nov. 3rd)

II. Stayton Bankruptcy (case no. 09-cv-6082-HO)

The claims process and forms in the Stayton bankruptcy case are the same as in the SEC v. Sunwest case listed above.

Court Order Approving Distribution Plan of Receiver and Chief Restructuring Officer for Sunwest Enterprise, October 2, 2009

Order Approving Distribution Plan (includes plan as approved)

Findings of Fact and Conclusions of Law


Sunwest Restructuring Plan Documents

I.           Proposed Plan of Distribution

A.      Exhibit 1: Joint Plan of Reorganization

1.       Exhibit 1: (same as Plan of Distribution, see above)

2.       Exhibit 2:  Personal Property Secured Claims

3.       Exhibit 3:  Real Property Secured Claims

4.       Exhibit 4:  MLP op Agreement

5.       Exhibit 5:  Executory Contracts

6.       Exhibits 6-9:  LLC op Agreement

B.      Exhibit 2:  Organizational Structure

C.      Exhibit 3:  Bankruptcy Cases

D.      Exhibit 4:  DivestCo Properties

E.       Exhibit 5:  HoldCo Properties

F.       Exhibit 6:  TrustCo Properties

G.      Exhibit 7:  Valuations - Properties with LLC Interests

H.      Exhibit 8:  TIC Agreement (Draft)

I.        Exhibit 9:  HFG Agreement

J.        Exhibit 10: (intentionally not used)

K.       Exhibit 11. (intentionally not used)

L.       Exhibit 12: Bare Land Election

II.           Notice and Motion for Approval of Plan

III.          Declaration of Clyde Hamstreet

A.      Exhibit A:  Pratt Report

B.      Exhibit B:  REIT Structure

IV.         Declaration of M. Grassmueck

V.          Declaration of M. Marcos

VI.         Declaration of P. Rundell

VII.        Declaration of G. Gadawski

VIII.      Memo of Points & Authorities

A.      Distribution Pie Charts Exhibits

IX.        Certificate of Service

X.         Claim Procedures Motion (This is the original motion, and not court approved. Please be aware the court has now approved the claims procedure, claim form and bar date. This information is available here)

A.      Exhibit A:  Proposed Proof of Claim Form

B.      Exhibit B:  Proposed Notice of Election Form

C.      Exhibit C:  Notice of Claims Bar Date, Proof of Claims, Notice of Election

D.      Exhibit D:  Notice of Claims Bar Date, Proof of Claims, Notice of Election

XI.         Proposed Findings

XII.        Motion Re: Notice Procedures

XIII.      Order Re: Notice Procedures

Combined Restructuring Plan Documents

The Sunwest restructuring documents combined in a single PDF.
Click here to download & view.