SMYRNA PROPERTY HIGHER AND/OR BETTER BID DEADLINE IS DECEMBER 1, 2014 - On November 3, 2014, the Trustee finalized an asset purchase agreement with DSSIII Holding Co., LLC. The key terms on the agreement include: (a) purchase price of $1,500,000 for 484.09 acres of land; (b) buyer will pay initial deposit of $10,000; (c) buyer will have a due diligence period that begins upon the execution of the agreement and expires 90 days after the date of the Sale Order entered by the Bankruptcy Court; (d) buyer to pay an additional deposit of $90,000 after the expiration of the due diligence period; (e) closing of the sale will occur no later than 30 days after due diligence period expires; (f) sale is "As Is Where Is"; (g) sale is subject to Bankruptcy Court approval and higher and better offer (If a higher and better offer is received and the property sales to another party, the deposits will be returned and buyer will be reimbursed a fee of $35,000; and (h) property is sold free and clear of liens, claims, encumbrances and interested, except as specifically permitted by the purchase agreement. Any Party interested in submitting a Higher and/or Better offer must do so by December 1, 2014 pursuant to the procedures outlined in the motion submitted to the Bankruptcy Court on November 11, 2014. Motion can be found under the Filings and Asset pages on this website.
On May 3, 2012, D. Ray Strong was appointed as the Chapter 11 Trustee (‘Trustee") for the bankruptcy estate of Castle Arch Real Estate Investment Company, LLC. Upon his appointment, the Chapter 11 Trustee also became the Manager of the other affiliated Debtors.
On September 29, 2012, the Trustee filed with the Bankruptcy Court: (1) a proposed Disclosure Statement for Chapter 11 Trustee’s Plan of Liquidation Dated September 29, 2012 (the "Proposed Disclosure Statement"); and (2) the proposed Chapter 11 Trustee’s Plan of Liquidation Dated September 29, 2012 (the "Proposed Plan").
On October 11, 2012, the Trustee filed a Motion to approve the adequacy of information in the Proposed Disclosure Statement and his proposed procedures for soliciting votes on the Proposed Plan. Prior to the objection deadline, five objections were filed with the Court on November 26, 2012. The preliminary hearing for this Motion was heard on December 3, 2012 at 2:00 pm. At the hearing, a final hearing for the Proposed Disclosure Statement was set for January 31, 2013. As a result of the responses by several parties, the Trustee determined in his business judgment to address the substantive consolidation issues prior to finalizing the Amended Proposed Disclosure Statement and seeking confirmation of his Proposed Plan. A motion for substantive consolidation of CAREIC, CAOP Managers, CAK, CAS, CASDF, and a Castle Arch Star Valley, LLC was filed by the Trustee on December 28, 2012. The hearing for the substantive consolidation motion was held on January 31, 2013. As a result of the hearing, the motion was approved by the Court. On February 8, 2012, the Court entered an Order and Findings of Fact granting substantive consolidation. On February 25, 2013, the Trustee filed an Amended Proposed Disclosure Statement. The final hearing on the adequacy of the Amended Proposed Disclosure Statement was held on March 21, 2013. At this hearing, the Bankruptcy Court approved the adequacy of the Amended Proposed Disclosure Statement with some additional modifications presented at the hearing. As a result, the revised First Amended Disclosure Statement was prepared (See below link) and served on parties of interest along with the revised Plan and individual voting ballots. The deadline for return of voting ballots was May 13, 2013. The Trustee received sufficient votes in support of the Plan and no objections were filed in opposition to the confirmation of the Plan. The confirmation hearing for the Plan was held on May 30, 2013 and the Court executed an Order confirming the Plan on June 7, 2013. As a result, the Plan became effective on July 22, 2013. Below are various key documents relating to the confirmation of the Plan.
- Trustee’s Motion for Substantive Consolidation of CAREIC, CAS, CAK, CASDF, CAOP Managers, and CASV
- Findings of Fact in Support of Trustee’s Motion for Substantive Consolidation of CAREIC, CAS, CAK, CASDF, CAOP Managers, and CASV
- Order Granting Trustee’s Motion for Substantive Consolidation of CAREIC, CAS, CAK, CASDF, CAOP Managers, and CASV
- Motion To Approve Adequacy of Proposed Disclosure Statement filed by Trustee
- First Amended Disclosure Statement
- Order Approving Adequacy of Disclosure Statement
- Plan Documents Supplement
- Declaration Regarding Vote Tabulation for Plan
- Status Report Regarding Confirmation of Plan and Notice of Non-material Modifications
- Trustee’s Declaration in Support of Plan Confirmation
- Second Amended Plan of Liquidation
- Findings of Fact and Conclusions of Law in Support of Order Confirming Liquidation Plan
- Order Confirming Plan of Liquidation
- Audio File of Confirmation Hearing
- Notice of Effective Date
On October 2, 2013, the Trustee of the CAOP II Trust made an initial distribution to preferred investors holding Class C5 equity interests as identified in the confirmed Plan. This initial payment represents a distribution of 22.98% of the allowed Class C5 equity interests. Enclosed with the distribution checks was an important notification that should be read immediately. This notification indicates that the distribution checks has been prepared and issued based on the information contained in the amended Bankruptcy Schedules, tax returns, and other Debtor records. The Trustee has made efforts to issue the distribution checks to the correct payee. However, due to missing, incomplete, or erroneous records of the Debtor, the initial distribution check may not be issued to the appropriate Individual Retirement Account ("IRA") or other qualified retirement plan administrator. If your CAOP II investment is held in an IRA or other qualified retirement plan and the initial distribution check has not been issued directly to your IRA or retirement plan administrator, the check should be forwarded immediately to your IRA or retirement plan administrator for immediate deposit into your IRA or other qualified retirement plan account, to avoid potential tax liability and early distribution penalties. Please consult your IRA, qualified plan administrator, or tax advisor for further advice.
The timing of distributions, if any, to the creditors and investors of the Legacy Debtors and CAOP I will be dependent on the liquidation of remaining assets and resolution of outstanding claims. Given the nature of the remaining assets and complexity of certain claims of the Legacy Debtors and CAOP I, this process could take a significant amount of time to complete.
This website serves to provide certain case-related information and progress updates with respect to the various bankruptcy cases, and is intended for informational purposes only. Please check back often as additional information will be added and/or updated as it becomes available.