Sunwest Plan Documents

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.

Proposed Sale of Assets

Chief Restructuring Officer Clyde Hamstreet and Receiver Michael A. Grassmueck have signed an agreement to sell 134 senior living facilities to a joint venture between an affiliate of Blackstone Real Estate Advisors VI L.P., Emeritus Senior Living, and Columbia Pacific Advisors. This agreement must be approved by the Court and if approved will be subject to an overbid procedure. 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

Proposed Chapter 11 Disclosure Statement and Plan of Reorganization

Note: The documents posted in this section are the Disclosure Statement as proposed by the Debtor. Before the Disclosure Statement becomes an official case document on which investors and other parties may rely, it must be approved by the Court after a hearing. By accessing, opening, or downloading these documents, you acknowledge that you understand the Disclosure Statement is not a final, court-approved document on which investors and claimants may rely in judging the outcome of this case.

I. Disclosure Statement

A. Disclosure Statement (text)

B. Exhibit 1: Glossary

C. Exhibit 2: Proposed Plan of Reorganization (with exhibits)

D. Exhibit 3: Plan of Distribution

E. Exhibit 4: Financial Projections

F. Exhibit 5: Liquidation Analysis

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.

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.

Oct. 2nd US District Court Decision

Order Approving Distribution Plan (includes plan as approved)

Findings of Fact

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