Stayton SW Assisted Living, LLC, et al
Case 09-cv-6082
The court has declared Sunwest a unitary enterprise and rolled additional entities into the Stayton SW Assisted Living, LLC Chapter 11 Bankruptcy. Related information, case updates, and documents are available below.
July 21, 2010 ANNOUNCEMENT
The court has approved an Order confirming the Receiver, CRO & Debtor's Second Amended Joint Plan of Reorganization. The order, as well as the Plan, are both available through the links below.
 Order confirming the Receiver, CRO & Debtor's Second Amended Joint Plan of Reorganization
Exhibit 1 - Distribution Plan & Distribution Plan Approval
Exhibit 2 - Personal Property Secured Claims
Exhibit 3 - Real Property Secured Claims
Exhibit 4 - Agreement of Purchase & Sale
Exhibit 5 - Assumed Executory Contracts & Unexpired Leases
Exhibit 6 - Acquirer LLC Agreement
Exhibit 7 - Rollover Member LLC Agreement
Exhibit 8 - Form Loan & Security Agreements
Exhibit 9.1 - 9.15 - Lender Term Sheets or Modification Agreements
Exhibit 9.16 - 9.30 - Lender Term Sheets or Modification Agreements
Exhibit 9.31 - 9.47 - Lender Term Sheets or Modification Agreements
Exhibit 10 - Transcript of Proceedings of April 2, 2010
Exhibit 11 - Notice of Rollover Equity Election
Exhibit 12 - Holdco Properties
Exhibit 13 - Trustco Properties
Exhibit 14 - Sunwest Entities
May 28, 2010 ANNOUNCEMENT
The initial Joint Plan of Reorganization was filed November 30, 2009 by the Receiver and the Chief Restrucuring Officer. The Second Amended Joint Plan of Reorganization was file May 27, 2010. This document, and related exhibits, are available for viewing through the links below.
Second Amended Joint Plan of Reorganization
Exhibit 1 - Distribution Plan and Distribution Plan Approval
Exhibit 2 - Personal Property Secured Claims
Exhibit 3 - Real Property Secured Claims
Exhibit 4 - Agreement of Purchase and Sale
Exhibit 5 - Assumed Executory Contracts and Unexpired Leases
Exhibit 6 - Acquirer LLC Agreement
Exhibit 7 - Rollover Member LLC Agreement
Exhibit 8 - Form Loan and Security Agreements
Exhibit 9 - Lender Term Sheets or Modification Agreements
Exhibit 10 - Transcript of Proceedings of April 2, 2010
Exhibit 11 - Notice of Rollover Equity Election
Exhibit 12 - Holdco Properties
Exhibit 13 - Trustco Properties
Exhibit 14 - Sunwest Entities
The Receiver and CRO filed their initial Proposed Disclosure Statement in order to enable interested parties to make an informed judgment about the Reorganization Plan on November 30, 2009 as well. The Second Amended Disclosure Statement was filed on May 27, 2010. The Disclosure Statement and exhibits are available below.
Second Amended Disclosure Statement
Exhibit 1 - Glossary
Exhibits 2 to the Second Amended Disclosure Statement:
Exhibit 2.1 - Distribution Plan and Distribution Plan Approval
Exhibit 2.2 - Personal Property Secured Claims
Exhibit 2.3 - Real Property Secured Claims
Exhibit 2.4 - Agreement of Purchase and Sale
Exhibit 2.5 - Assumed Executory Contracts and Unexpired Leases
Exhibit 2.6 - Acquirer LLC Agreement
Exhibit 2.7 - Rollover Member LLC Agreement
Exhibit 2.8 - Form Loan and Security Agreements
Exhibit 2.9 - Lender Term Sheets or Modification Agreement
Exhibit 2.10 - Transcript of Proceedings of April 2, 2010
Exhibit 2.11 - Notice of Rollover Equity Election
Exhibit 2.12 - Holdco Properties
Exhibit 2.13 - Trustco Properties
Exhibit 2.14 - Sunwest Entities
Exhibit 3 - HFG Parties Distribution Schedule
Exhibit 4 - Sunwest Receivership Professional Fees
Exhibit 5 - Summary Financial Projections and Capitalization Table
March 24, 2010 ANNOUNCEMENT
Extension of Deadlines
The claims bar date, and deadline for submitting a notice of election, for the claims process in both the case of the Securities and Exchange Commission v. Sunwest Management, Inc. et al., and the Stayton SW Assisted Living, LLC Bankruptcy case has been extended by order of the court.The claims bar date, as well as the deadline for submitting a notice of election, is no longer March 31, 2010, and is now April 30, 2010. In addition, the deadline for filing a response to adversary proceedings is extended to a date to be set by the court, which shall be no earlier than April 30, 2010. The court order is available through the link below.
Order Extending Certain Deadlines
October 2, 2009 UPDATE -
In keeping with the Distribution Plan, Judge Michael R. Hogan has declared Sunwest a unitary enterprise and as such has rolled additional entities into the Stayton SW Assisted Living, LLC Bankruptcy, Case No. 6:09-cv-6082. The documents related to this action are available below.
Report - Unitary Enterprise Consolidated Schedule of Assets and Liabilities
Attachment 1 - Schedules A-E
Attachment 2 - Schedule F
Attachment 3 - Schedules G-H
Report - Unitary Enterprise Consolidated Statement of Financial Affairs
Attachment 1 - Statement of Financial Affairs
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