Sunwest 3A10 G

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

Second Amended Joint Plan of Reorganization as modified by the first modification to the 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