TOOELE WATER RIGHTS (126.9 acre-feet) HIGHER AND/OR BETTER BID DEADLINE IS APRIL 13, 2015. On February 25, 2015, the Trustee finalized a water rights purchase agreement with Telegraph Exchange, LLC. The key terms of the agreement include: (a) purchase price of $6,750 per acre-foot of water (approximately $856,575); (b) buyer will pay initial deposit of $50,000; (c) within five business days after entry date, buyer shall prepared and deliver a Permanent Change Application in accordance with applicable law to move the point of diversion, as well as, the place and nature of use of the water rights to the Stansbury Park Improvement District; (d) buyer, at its own cost, shall obtain a Final Decision of the Change from the Utah State Engineer within six months from the entry date; (e) after the issuance of a Final Decision, the deposit shall be non-refundable; (f) if a Final Decision is not obtained by the buyer, the deposit will be returned, except for $5,000 will be paid to the Legacy Trust for its costs in bringing the sales motion; (g) closing of the sale will occur within five business days after the entry of a Final Decision; (h) sale is subject to Bankruptcy Court approval and "Higher and/or Better" offers; (i) sale will be free and clear of liens, claims, encumbrances, and interests pursuant to 11 U.S.C. §§ 363(b) and (f); (j) and sale will made "As Is" without representations or warranties of any kind. Any party interested in submitting a Higher and/or Better offer must do so by April 13, 2015 pursuant to the procedures outlined in the motion submitted to the Bankruptcy Court on March 27, 2015. Motion can be found under the Filings and Asset pages of this website.
THE TRUSTEE MAILED THE 2014 GRANTOR LETTERS (K-1 EQUIVALENT) ON MARCH 30, 2015 FOR THE LEGACY TRUST. The Trustee is still waiting on additional information from certain parties to complete the 2014 Income Tax Returns and Grantor Letters (K-1 Equivalent) for the CAOPI and CAOPII Trusts. The Trustee will provide an additional update once the requested information is received.
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.