Securities and Exchange Commission v. Sunwest Management, Inc. et al.

USDC Case No. 09-CV-06056

Michael A. Grassmueck is the court-appointed Receiver of Sunwest Management. Updates and general case documents related to this case are available below.

The court has declared Sunwest a unitary enterprise and as such has rolled additional entities into the Stayton SW Assisted Living, LLC Chapter 11 Bankruptcy, Case No. 6:09-cv-6082. Related information is available at the following page:

Stayton SW Assisted Living, LLC, et al Chapter 11 Bankruptcy Page

Information related to the approved Distribution Plan, including the claims process, is available at the following webpage:

Distribution Plan of Receiver and CRO for Sunwest Enterprise

July 21, 2010 UPDATE:

The court has approved an Order confirming the Receiver, CRO & Debtor's Second Amended Joint Plan of Reorganization. The order is available through the link below, and the entire Plan is available on the Stayton SW Assisted Living, LLC et al Chapter 11 Bankruptcy Page.

Order confirming the Receiver, CRO & Debtor's Second Amended Joint Plan of Reorganization

July 15, 2010 UPDATE:

On July 13, 2010, the court confirmed the Plan of Reorganization filed in Case 09-cv-6082 Stayton SW Assisted Living, LLC, et al. The press release relating to this confirmation is available through the link below.

District Court Confirms Sunwest Plan of Reorganization

July 9, 2010 UPDATE:

On July 7, 2010, the Receiver hosted a webinar to clarify the claims process and address common questions and concerns. A recording of this webinar, as well as a PDF file of the slides presented, are available through the links below.

Claims Process Presentation

Claims Process Presentation Recording

May 26, 2010 UPDATE:

The court has approved an Order Extending Deadline for Commencing Third Party Claims and Avoidance Action. The deadline for filing was extended to July 30, 2010. The order is available through the link below.

Order Extending Deadline for Commencing Third Party Claims and Avoidance Action

May 19, 2010 UPDATE -

The court has entered an Order Approving Agreement of Purchase and Sale with BRE/SW Portfolio LLC ("Blackstone"). The order is available through the link below.

Order Approving Agreement of Purchase and Sale

May 3, 2010

The court has approved an Order Approving Bare Land Election Terms of Distribution Plan of Receiver and Chief Restructuring Officer. The deadline for filing a Bare Land Election was extended to May 14, 2010. The order is available through the link below.

Order Approving Bare Land Election Terms

April 13, 2010

A letter went out to investors today outlining the current status of many aspects in this case. This correspondence also defines certain deadlines that investors may want to be aware of. A copy of this letter is available through the link below.

Investor Update

March 29, 2010 ANNOUNCEMENT

The court has entered an Order approving Auction Process, Bidding Procedures, Overbid Protection, Breakup Fee and Expense Reimbursement, and Approving form and manner of Notice and Scheduling a Hearing for Final Approval of Sale. The Order, including exhibits, is available through the link below.

Order Approving Auction Process with Exhibits

March 24, 2010 ANNOUNCEMENT

Claims Bar Date and Election Notice Deadline Extended

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.

February 19, 2010 - Claim Form Explanation

The design and verbiage of the claim form has prompted many requests for clarification. A copy of the Proof of Claim form, including a detailed explanation of each section, is available through the link below. Each section is numbered and corresponds to a numbered list of explanations following the form.

Claim Form Explanation

January 20, 2010 UPDATE -

Receiver Michael A. Grassmueck and Chief Restructuring Officer Clyde Hamstreet have signed an agreement to sell 134 senior living facilities to BRE/SW Portfolio LLC ("Blackstone"), a group comprised of The Blackstone Group, Emeritus Senior Living, and Columbia Pacific Advisors. This agreement must be approved by the Court and will be subject to an upset bid procedure. The Receiver is confident that the agreement with Blackstone will encourage competition from other potential purchasers. Related documents are available below.

Motion for Approval of Auction Process, Bidding Procedures, Overbid Protection, Break-Up Fee and Expense Reimbursement, and Approving Form and Manner of Notice and Scheduling a hearing for Final Approval of Sale

Exhibit 1 - Agreement of Purchase and Sale

Exhibit A-1 to PSA (part 1)

Exhibit A-1 to PSA (part 2)

Exhibit A-1 to PSA (part 3)

Exhibits A-2 through W to PSA

Disclosure Schedule to PSA (part 1)

Disclosure Schedule to PSA (part 2)

Exhibit 2 - Notice of Auction and Sale Hearing

Claims Procedure Update -

On November 3^rd, 2009, an order was entered approving the claims procedure 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. A notice of bar date and notice of election form were sent to potential claimants. The order approving the claims procedure, claim form, and election forms are available through the links below. The claims bar date is set for March 31, 2010. In order to file a claim, please read and follow all instructions included with the approved claim form as noticed, and available through the link below.

Order Approving Claims Procedure

Proof of Claim Form

Notice of Claims Bar Date

Notice of Election

Notice of TIC Election Cancellation

Some of the most common questions resulting from the receipt of these documents have been answered in the document available below. Should you have additional questions after reviewing these documents, please feel free to contact the Receiver's dedicated Sunwest Claims Hotline at (866) 674-6791. You may also wish to review the Claim Form Explanation, available on the Distribution Plan page.

Frequently Asked Questions

For your convenience, available below is the most current list of Receivership entities including addresses. If you wish to determine whether a company you have been involved with is part of Sunwest Management, Inc., these lists may be a helpful tool for INFORMATIONAL USE ONLY. They are not meant to provide an all-inclusive list of the Sunwest entities. Each document contains the same information, but is sorted differently, by Facility Name, Entity Name, and State, for your convenience.

Entities sorted by Facility Name

Entities sorted by Entity Name

Entities sorted by State

October 2, 2009 UPDATE -

Judge Michael R. Hogan has entered an Order approving the Distribution Plan with certain exceptions. The Order, and related documents, can be viewed on the Sunwest Distribution Plan page.

INITIAL REPORT OF RECEIVER

Below is the Initial Report of Receiver Michael A. Grassmueck filed April 24, 2009.

Initial Report of Receiver

FACILITY SUMMARIES

Below is the scanned version on the Facility Summary notebook as discussed in the April 6, 2009 court hearing. Please note that it is divided into four sections alphabetically and that each document is large so please be patient while downloading.

Facility Summaries A-C

Facility Summaries D-L

Facility Summaries M-R

Facility Summaries S-W

INVESTOR MEETING ANNOUNCEMENT

Monday, March 30, 2009, 4:30pm at Los Angeles Sheraton Gateway (Los Angeles, California)

Tuesday, March 31, 2009, 4:00pm at Holiday Inn Portland Airport (Portland, Oregon)

Tuesday, March 31, 2009, 7:00pm at Holiday Inn Portland Airport (Portland, Oregon)

The Court signed an Order granting the SEC's request for Preliminary Injunction and Appointment of a Receiver. The Order is below.

Order Granting Preliminary Injunction and Appointing Receiver

The SEC's complaint and supporting documents are below.

Complaint