Medical Capital Receivership

Thomas Seaman, Receiver for Medical Capital

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SEC vs. MEDICAL CAPITAL HOLDINGS, INC.; MEDICAL CAPITAL CORPORATION; MEDICAL PROVIDER FUNDING CORPORATION VI; SIDNEY M. FIELD; and JOSEPH J. LAMPARIELLO.
Case No. SA CV09-0818 DOC(RNBx).


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This website was last updated December 20, 2016.
Welcome to the Medical Capital Receivership Website

This website has been established to facilitate efficient communications between note holders, creditors, former employees, and other interested parties and potential claimants of Medical Capital Holdings, all of its subsidiaries and affiliates, and Thomas Seaman who is serving as its permanent Receiver.  Mr. Seaman was appointed on August 3, 2009, by the Honorable David O. Carter, Judge of the United States District Court in a securities fraud enforcement action brought by the Securities and Exchange Commission (the "Commission").  The Commission has alleged that the defendants violated federal securities laws. Judge Carter also ordered that the assets of Medical Capital be frozen and issued a
TEMPORARY RESTRAINING ORDER ('TRO').  A copy of the COMMISSION'S COMPLAINT, as well as the TRO and related orders may be found in the Case Documents.  Judge Carter's MINUTE ORDER, issued concurrently with the TRO, is also available for viewing.

If you wish to be notified by email of updates to the web site and other important announcements from the Receiver concerning this receivership, then please sign up by entering your email address above.  A pop up screen will appear which will ask you to confirm acceptance of emails.  An email will then be sent to you with a link to a simple form which will ask you for basic contact information.  This information will only be used by the Receiver and will not be sold.  You may unsubscribe from emails at any time by simply clicking on the Unsubscribe link which will be on the top and bottom of all emails sent to you by the Receiver.


 
MOST RECENT UPDATES:

FINAL DISTRIBUTION CHECKS – EXPLANATION OF REVISED DISTRIBUTION AMOUNTS
Here are the FINAL DISTRIBUTION CHECK AMOUNTS that were mailed on Tuesday, November 22, 2016. The amounts were slightly higher than the previously reported final distribution amounts.

Please note that this list is sorted by claim number. To quickly find your claim and revised final distribution amount you may use the FIND function using the keyboard shortcuts – [Ctrl+F] (on Windows) or [Command+F] (on Mac) and enter your name in the dialog box that appears.

FINAL DISTRIBUTION CHECKS MAILED OUT ON NOVEMBER 22, 2016
The Receiver is pleased to report that the final distribution checks were mailed from Irvine, California, on Tuesday, November 22, 2016.

AMENDED MOTION FOR APPROVAL OF FINAL ACCOUNT AND REPORT; AUTHORIZATION OF FINAL DISTRIBUTIONS; AUTHORIZATION TO DESTROY BOOKS AND RECORDS; AND DISCHARGE OF RECEIVER
On October 7, 2016, in accordance with the Court’s order to recalculate the final disbursement and resubmit an amended motion for approval no later than October 12, 2016, the Receiver filed with the Court his amended (AMENDED) NOTICE OF MOTION AND MOTION FOR: (1) APPROVAL OF FINAL ACCOUNT AND REPORT (2) AUTHORIZATION OF FINAL DISTRIBUTIONS; (3) AUTHORIZATION TO DESTROY BOOKS AND RECORDS; AND (4) DISCHARGE OF RECEIVER. MEMORANDUM OF POINTS AND AUTHORITIES; DECLARATION OF THOMAS SEAMAN IN SUPPORT [Dkt. No. 1399]. The motion is supported by EXHIBIT A [Dkt. No. 1399-1]; EXHIBIT B [Dkt. No. 1399-2]; EXHIBIT C [Dkt. No. 1399-3]; DECLARATION OF THOMAS A. SEAMAN IN SUPPORT OF MOTION FOR: (1) APPROVAL OF FINAL ACCOUNT AND REPORT; (2) AUTHORIZATION OF FINAL DISTRIBUTIONS; (3) AUTHORIZATION TO DESTROY BOOKS AND RECORDS; AND (4) DISCHARGE OF RECEIVER [Dkt. No. 1399-4]; and, [PROPOSED] ORDER GRANTING MOTION OF RECEIVER FOR: (1) APPROVAL OF FINAL ACCOUNT AND REPORT (2) AUTHORIZATION OF FINAL DISTRIBUTIONS; (3) AUTHORIZATION TO DESTROY BOOKS AND RECORDS; AND (4) DISCHARGE OF RECEIVER [Dkt. No. 1399-5]. The motion is calendared for November 7, 2016, at 8:30 a.m.

MOTION FOR APPROVAL OF FINAL ACCOUNT AND REPORT; AUTHORIZATION OF FINAL DISTRIBUTIONS; AUTHORIZATION TO DESTROY BOOKS AND RECORDS; DISCHARGE OF RECEIVER; HEARING ON FINAL FEE APPLICATIONS
PLEASE TAKE NOTICE that on October 3, 2016, at 8:30 a.m., in Courtroom 9D of the above-entitled Court located at 411 West Fourth Street, Santa Ana, California 92701, a hearing will be held on the motion of Thomas A. Seaman ("Receiver"), Court-appointed permanent receiver for Medical Capital Holdings, Inc., Medical Capital Corporation, Medical Provider Funding Corporation VI, and their subsidiaries and affiliates (collectively, "Medical Capital" or the "Receivership Entities"), for an order approving the Receiver's final account and report, authorizing the Receiver make a final distribution to investors and creditors consistent with the Receiver's previously approved plan of distribution, authorizing the Receiver to destroy books and records and turn over unclaimed funds to the United States Treasury, and discharging the Receiver from his duties upon the final distribution of funds and the closing of the estate.

Once the final distribution is made the Receiver will not have the ability to modify or correct the amount of a claim or the total amount distributed. The Receiver therefore seeks Court confirmation that the claim and distribution amounts are deemed to be final. EXHIBIT B FINAL DISTRIBUTION FOR CREDITORS [Dkt. No. 1365-2] provides a list of claimants, the amount of their MIMO claim, the amount their claim was reduced due to third party recoveries, and the amount that they will receive from the final distribution. Investors and Claimants should review these numbers and bring any disagreement to the attention of the Receiver by September 28, 2016 (Hint: To find your name on the .pdf please use the Find function. Use CTRL-F and enter your last name in the dialog box to find your name in the document. If you open the .pdf in a web browser and are unable to get the Find function to work in your web browser, please try a different type of web browser. You may also download the .pdf and use the Find function in Adobe Reader outside of your web browser, as well.) Exhibit B also includes a list of disallowed claimants in one final attempt to locate the missing claimants. If you are identified on the list of disallowed claimants, please contact the Receiver at once. If there are any changes to Exhibit B as a result of this process, the Receiver will file a revised proposed order.

Procedural Requirements: If you oppose the requested relief, you are required to file your written opposition with the Office of the Clerk, United States District Court, 411 West Fourth Street, Santa Ana, California 92701, and serve the same on the undersigned not later than twenty-one (21) calendar days prior to the hearing.

The filed documents are as follows:

  • AUGUST 12, 2016: NOTICE OF MOTION AND MOTION FOR: (1) APPROVAL OF FINAL ACCOUNT AND REPORT (2) AUTHORIZATION OF FINAL DISTRIBUTIONS; (3) AUTHORIZATION TO DESTROY BOOKS AND RECORDS; AND (4) DISCHARGE OF RECEIVER. MEMORANDUM OF POINTS AND AUTHORITIES; DECLARATION OF THOMAS SEAMAN IN SUPPORT [Dkt. No. 1365]

  • AUGUST 12, 2016: EXHIBIT A FINANCIAL REPORTS ENTIRE CASE [Dkt. No. 1365-1]

  • AUGUST 12, 2016: EXHIBIT B FINAL DISTRIBUTION FOR CREDITORS [Dkt. No. 1365-2] (Hint: To find your name on the .pdf please use the Find function. Use CTRL-F and enter your last name in the dialog box to find your name in the document. If you open the .pdf in a web browser and are unable to get the Find function to work in your web browser, please try a different type of web browser. You may also download the .pdf and use the Find function in Adobe Reader outside of your web browser, as well.)

  • AUGUST 12, 2016: DECLARATION OF THOMAS A. SEAMAN IN SUPPORT OF MOTION FOR: (1) APPROVAL OF FINAL ACCOUNT AND REPORT; (2) AUTHORIZATION OF FINAL DISTRIBUTIONS; (3) AUTHORIZATION TO DESTROY BOOKS AND RECORDS; AND (4) DISCHARGE OF RECEIVER [Dkt. No. 1365-3]

  • AUGUST 12, 2016: [PROPOSED] ORDER GRANTING MOTION OF RECEIVER FOR: (1) APPROVAL OF FINAL ACCOUNT AND REPORT (2) AUTHORIZATION OF FINAL DISTRIBUTIONS; (3) AUTHORIZATION TO DESTROY BOOKS AND RECORDS; AND (4) DISCHARGE OF RECEIVER [Dkt. No. 1365-4]

  • AUGUST 12, 2016: FEE APPLICATION OF ALLEN MATKINS LECK GAMBLE MALLORY & NATSIS LLP, COUNSEL TO THE RECEIVER [Dkt. No. 1366]

  • AUGUST 12, 2016: DECLARATION OF MICHAEL R. FARRELL IN SUPPORT OF TWENTY-THIRD INTERIM FEE APPLICATION OF ALLEN MATKINS LECK GAMBLE MALLORY & NATSIS LLP, COUNSEL TO THE RECEIVER [Dkt. No. 1366-1 & 1366-2]

  • AUGUST 12, 2016: [PROPOSED] ORDER ON FEE APPLICATION OF ALLEN MATKINS LECK GAMBLE MALLORY & NATSIS LLP, COUNSEL TO THE RECEIVER [Dkt. No. 1366-3]

  • AUGUST 12, 2016: FEE APPLICATION OF THOMAS SEAMAN, RECEIVER [Dkt. No. 1367 & 1367-1]

  • AUGUST 12, 2016: [PROPOSED] ORDER ON TWENTY-THIRD FEE APPLICATION OF THOMAS A. SEAMAN, RECEIVER [Dkt. No. 1367-2]

  • AUGUST 12, 2016: FIRST AND FINAL FEE APPLICATION OF CROWE HORWATH LLP, ACCOUNTANT TO THE RECEIVER [Dkt. No. 1368 & 1368-1]

  • AUGUST 12, 2016: [PROPOSED] ORDER ON FIRST AND FINAL FEE APPLICATION OF CROWE HORWATH LLP, ACCOUNTANT TO THE RECEIVER [Dkt. No. 1368-2]

  • AUGUST 12, 2016: NOTICE OF HEARING ON FEE APPLICATIONS OF RECEIVER AND HIS PROFESSIONALS [Dkt. No. 1369]

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RECEIVER'S EIGHTY-FOURTH REPORT TO THE COURT
On July 12, 2016, the Receiver filed his RECEIVER'S EIGHTY-FOURTH REPORT TO THE COURT [Dkt. No. 1364] in accordance with the Court’s order to provide monthly status reports. Items discussed in this Status Report include a summary of the Receiver’s actions over the past month, an inventory of key assets of the receivership and an accounting as of June 30, 2016.

RECEIVER'S EIGHTY-THIRD REPORT TO THE COURT
On June 13, 2016, the Receiver filed his RECEIVER'S EIGHTY-THIRD REPORT TO THE COURT [Dkt. No. 1363] in accordance with the Court’s order to provide monthly status reports. Items discussed in this Status Report include a summary of the Receiver’s actions over the past month, an inventory of key assets of the receivership and an accounting as of May 31, 2016.

RECEIVER'S EIGHTY-SECOND REPORT TO THE COURT
On May 12, 2016, the Receiver filed his RECEIVER'S EIGHTY-SECOND REPORT TO THE COURT [Dkt. No. 1362] in accordance with the Court’s order to provide monthly status reports. Items discussed in this Status Report include a summary of the Receiver’s actions over the past month, an inventory of key assets of the receivership and an accounting as of April 30, 2016.

MEDICAL CAPITAL CORPORATION, INC. RECEIVERSHIP CLOSING
NOTICE REGARDING CLAIMANT ADDRESS CORRECTIONS NEEDED
Update of April 20, 2016 (revised 4/21/2016): The Receiver is in the process of closing the receivership estate and is calculating the final distributions. There are many claimants who have outdated addresses and whose initial distribution checks have been returned with no forwarding address. The Receiver is attempting to locate the claimants listed below. If your name appears on this list kindly send a change of address to the Receiver’s office by emailing mail@medicalcapitalreceivership.com, or by mail to Thomas Seaman Company, 3 Park Plaza, Suite 550, Irvine, CA 92614. Please include your current address, your previous address and a phone number so that we may contact you if necessary to confirm your identity. If you need assistance please call 949-265-8407. Additional information on the receivership may be viewed at www.medicalcapitalreceivership.com. The deadline for submitting a change of address is May 20, 2016. After that date investors may forfeit their claim and the funds will be distributed in accordance with Court order.

Last Name First Name Claimant Name
Anderson Eugene & Grace Eugene A. & Grace Anderson
Ault David David Ault
Baaba Youel Youel Baaba
Ballinger Wanda C. Wanda C. Ballinger
Baugham-Young Elaine B. Elaine B. Baugham-Young
Beuning Anthony W. Anthony W. Beuning Revocable Trust
Breitegam Jeanne Jeanne Breitegam
Brink Lucille Lucille A. Brink
Carlson Albert E. Albert E. Carlson Living Trust DTD 7/26/1994
Castleman M. Lorin & Kristin M. Lorin & Kristin Castleman
Chang Tau-Yeuan  Tau-Yuean Chang
Dubois Colette Colette Dubois
Ellis Vivian Vivian W. Ellis
Farrenkopt  Ruth M. Ruth M. Farrenkopt Trust
Friesen Carlene B. Carlene B. Friesen
Gardner David & Jackie David & Jackie Gardner Charitable Remainder
Gilson Corinna Corrina Gilson
Hamilton Michael  Michael B. Hamilton
Hansen Frederick Frederick Hansen
Hansen Marie Marie N. Hansen Trust dtd 12/19/1991
Hoffbauer Donna Donna Hoffbauer
Holz Louise Louise Holz
Katz Edward L. Edward L. Katz
Kay, Jr. James Frederick James Frederick Kay, Jr.
Kephart Blair Blair Kephart
Larson Maynard & Viola Maynard & Viola Larson
Larson Viola Viola Larson
Llorente Miguel & Ana Miguel & Ana Llorente
Lui Yu Hsiu-Tuan Hsiu-Tuan Lui Yu
Millar William William M. Millar
Morehead Orinne Joy Orinne Joy Morehead
Pray Rick Lee Rick Lee Pray
Ransdell Ronald & Anna May Ronald & Anna May Ransdell
Stewart Linda E. Linda E. Stewart
Taiwan International Assets Management Taiwan International Assets Management
Weast Carl R. & Bonnie S. Carl R. & Bonnie S. Weast
Weiss Andrew & Jill Andrew & Jill Weiss
Weiss Jill Jill Weiss

RECEIVER'S EIGHTY-FIRST REPORT TO THE COURT
On April 11, 2016, the Receiver filed his RECEIVER'S EIGHTY-FIRST REPORT TO THE COURT [Dkt. No. 1361] in accordance with the Court’s order to provide monthly status reports. Items discussed in this Status Report include a summary of the Receiver’s actions over the past month, an inventory of key assets of the receivership and an accounting as of March 31, 2016.

RECEIVER'S EIGHTIETH REPORT TO THE COURT
On March 10, 2016, the Receiver filed his RECEIVER'S EIGHTIETH REPORT TO THE COURT [Dkt. No. 1359] in accordance with the Court’s order to provide monthly status reports. Items discussed in this Status Report include a summary of the Receiver’s actions over the past month, an inventory of key assets of the receivership and an accounting as of February 29, 2016.

RECEIVER'S SEVENTY-NINTH REPORT TO THE COURT
On February 11, 2016, the Receiver filed his RECEIVER'S SEVENTY-NINTH REPORT TO THE COURT [Dkt. No. 1349] in accordance with the Court’s order to provide monthly status reports. Items discussed in this Status Report include a summary of the Receiver’s actions over the past month, an inventory of key assets of the receivership and an accounting as of January 31, 2016.

RECEIVER'S SEVENTY-EIGHTH REPORT TO THE COURT
On January 11, 2016, the Receiver filed his RECEIVER'S SEVENTY-EIGHTH REPORT TO THE COURT [Dkt. No. 1338] in accordance with the Court’s order to provide monthly status reports. Items discussed in this Status Report include a summary of the Receiver’s actions over the past month, an inventory of key assets of the receivership and an accounting as of December 31, 2015.

RECEIVER'S SEVENTY-SEVENTH REPORT TO THE COURT
On December 10, 2015, the Receiver filed his RECEIVER'S SEVENTY-SEVENTH REPORT TO THE COURT [Dkt. No. 1337] in accordance with the Court’s order to provide monthly status reports. Items discussed in this Status Report include a summary of the Receiver’s actions over the past month, an inventory of key assets of the receivership and an accounting as of November 30, 2015.

RECEIVER'S SEVENTY-SIXTH REPORT TO THE COURT
On November 12, 2015, the Receiver filed his RECEIVER'S SEVENTY-SIXTH REPORT TO THE COURT [Dkt. No. 1330] in accordance with the Court’s order to provide monthly status reports. Items discussed in this Status Report include a summary of the Receiver’s actions over the past month, an inventory of key assets of the receivership and an accounting as of October 31, 2015.

RECEIVER’S UPDATE TO REPORT RE: ASSET PURCHASE & SALE AGREEMENTS
On October 23, 2015, the Receiver filed his RECEIVER'S UPDATE TO REPORT RE ASSET SALE MOTION [Dkt. No. 1323]. The report summarizes the Receiver’s efforts to sell the remaining assets of the receivership estate in two separate transactions in order to maximize the total sale price of the assets. The Receiver executed an ASSET PURCHASE AND SALE AGREEMENT WITH E.D.S. FINANCIAL SERVICES, INC. for all remaining assets except the Lavipharm assets. The Receiver executed an ASSET PURCHASE AND SALE AGREEMENT WITH THALLIUM HOLDING COMPANY, LLC for the sale of the Lavipharm assets, only. The hearing for overbids and to confirm sale occurred on October 26, 2015.

ORDER AUTHORIZING SALE OF REMAINING RECEIVERSHIP ASSETS; OVERBID HEARING OCT. 26, 2015
On October 14, 2015, Judge Carter entered his ORDER AUTHORIZING SALE OF REMAINING RECEIVERSHIP ASSETS [Dkt. No. 1316]. The hearing for overbids is calendared for October 26, 2015.

RECEIVER'S SEVENTY-FIFTH REPORT TO THE COURT
On October 13, 2015, the Receiver filed his RECEIVER'S SEVENTY-FIFTH REPORT TO THE COURT [Dkt. No. 1303] in accordance with the Court’s order to provide monthly status reports. Items discussed in this Status Report include a summary of the Receiver’s actions over the past month, an inventory of key assets of the receivership and an accounting as of September 30, 2015.

[PROPOSED] ORDER RE AUTHORIZING SALE OF REMAINING RECEIVERSHIP ASSETS
On October 13, 2015, the Receiver filed his NOTICE OF LODGING [PROPOSED] ORDER AUTHORIZING SALE OF REMAINING RECEIVERSHIP ASSETS [DKT. NO. 1313] with the [PROPOSED] ORDER AUTHORIZING SALE OF REMAINING RECEIVERSHIP ASSETS [DKT. NO. 1313-1]. The hearing is calendared for October 26, 2015.

RECEIVER’S REPORT RE ASSET SALE MOTION
On October 9, 2015, the Receiver filed his RECEIVER’S REPORT RE ASSET SALE MOTION [DKT. NO. 1312] with the EXHIBITS TO REPORT RE ASSET SALE MOTION [DKT. NO. 1312-1]. The hearing is calendared for October 26, 2015.

RECEIVER'S SEVENTY-FOURTH REPORT TO THE COURT
On September 10, 2015, the Receiver filed his RECEIVER'S SEVENTY-FOURTH REPORT TO THE COURT [Dkt. No. 1303] in accordance with the Court’s order to provide monthly status reports. Items discussed in this Status Report include a summary of the Receiver’s actions over the past month, an inventory of key assets of the receivership and an accounting as of August 31, 2015.

REMAINING RECEIVERSHIP ASSETS SALE HEARING DATE CONTINUED TO OCTOBER 19, 2015
On August 19, 2015, Judge Carter entered his [Dkt. 1300] ORDER GRANTING EX PARTE APPLICATION TO CONTINUE REPORTING DATE AND SALE HEARING DATE WITH REGARD TO ORDER APPROVING SALES PROCEDURES FOR REMAINING RECEIVERSHIP ASSETS (re: 1298). The order modifies the Court’s [Dkt. 1292] ORDER APPROVING SALES PROCEDURES FOR REMAINING RECEIVERSHIP ASSETS; AUTHORIZING RETENTION OF GLASSRATNER TO MARKET THE ASSETS. The Receiver shall now file its report with the Court on or before October 12, 2015. The Sale Hearing Date will be moved to October 19, 2015, at 8:30 a.m.

RECEIVER'S SEVENTY-THIRD REPORT TO THE COURT
On August 11, 2015, the Receiver filed his RECEIVER'S SEVENTY-THIRD REPORT TO THE COURT [Dkt. No. 1297] in accordance with the Court’s order to provide monthly status reports. Items discussed in this Status Report include a summary of the Receiver’s actions over the past month, an inventory of key assets of the receivership and an accounting as of July 31, 2015.

RECEIVER'S SEVENTY-SECOND REPORT TO THE COURT
On July 10, 2015, the Receiver filed his RECEIVER'S SEVENTY-SECOND REPORT TO THE COURT [Dkt. No. 1290] in accordance with the Court’s order to provide monthly status reports. Items discussed in this Status Report include a summary of the Receiver’s actions over the past month, an inventory of key assets of the receivership and an accounting as of June 30, 2015.

RECEIVER'S TWENTY-SECOND FEE APPLICATION TO THE COURT; FEE APPLICATION OF RECEIVER'S COUNSEL
On July 7, 2015, the Receiver filed his NOTICE OF HEARING ON INTERIM APPLICATIONS FOR APPROVAL AND PAYMENT OF COMPENSATION TO RECEIVER AND HIS PROFESSIONALS [Dkt. 1285] and his TWENTY-SECOND INTERIM FEE APPLICATION OF THOMAS SEAMAN, RECEIVER [Dkt. 1286] with the Court. The fee application details work performed by the Receiver from February 1, 2015, through April 30, 2015. The Receiver and his staff worked 360.8 hours executing the duties set forth in the Temporary Restraining Order and Order Appointing Receiver and subsequent orders of the Court. The application is posted here with the EXHIBITS TO TWENTY-SECOND INTERIM FEE APPLICATION OF THOMAS SEAMAN, RECEIVER [Dkt. 1286-1]. Exhibit A includes the February 2015 through April 2015 timeslips, which detail all fees sorted by task then by timekeeper. Exhibit B Summary By Timekeeper summarizes fees by timekeeper. Exhibit C Summary By Task summarizes fees by type of task performed. Exhibit D Summary By Referenced Asset summarizes fees by asset type. The Receiver also filed the [PROPOSED] ORDER ON TWENTY-SECOND INTERIM FEE APPLICATION OF THOMAS A. SEAMAN, RECEIVER [Dkt. 1286-2] to approve payment of 90% of the detailed fees of the Twenty-Second Fee Application Period. The hearing of this fee application is set for August 10, 2015, at 8:30 a.m.
 
On July 7, 2015, the Receiver's attorneys, Allen Matkins LLP, filed their TWENTY-SECOND INTERIM FEE APPLICATION OF ALLEN MATKINS LECK GAMBLE MALLORY & NATSIS LLP, COUNSEL TO THE RECEIVER [Dkt. 1287] with the Court. The fee application details work performed by the attorneys from February 1, 2015, through April 30, 2015. Filed with their application is the DECLARATION OF MICHAEL R. FARRELL IN SUPPORT OF TWENTY-SECOND INTERIM FEE APPLICATION OF ALLEN MATKINS LECK GAMBLE MALLORY & NATSIS LLP, COUNSEL TO THE RECEIVER [Dkt. 1287-1] which details work performed on behalf of the Receivership Estate. The attorneys seek the [PROPOSED] ORDER ON TWENTY-SECOND INTERIM FEE APPLICATION OF ALLEN MATKINS LECK GAMBLE MALLORY & NATSIS LLP, COUNSEL TO THE RECEIVER [Dkt. 1287-2] authorizing the Receiver to pay 80% of the detailed fees and 100% of claimed costs. The hearing of this fee application is set for August 10, 2015, at 8:30 a.m.

RECEIVER'S SEVENTY-FIRST REPORT TO THE COURT
On June 19, 2015, the Receiver filed his RECEIVER'S SEVENTY-FIRST REPORT TO THE COURT [Dkt. No. 1280] in accordance with the Court’s order to provide monthly status reports. Items discussed in this Status Report include a summary of the Receiver’s actions over the past month, an inventory of key assets of the receivership and an accounting as of May 31, 2015.

RECEIVER'S TWENTY-FIRST FEE APPLICATION TO THE COURT; FEE APPLICATION OF RECEIVER'S COUNSEL
On June 1, 2015, the Receiver filed his NOTICE OF HEARING ON INTERIM APPLICATIONS FOR APPROVAL AND PAYMENT OF COMPENSATION TO RECEIVER AND HIS PROFESSIONALS [Dkt. 1268] and his TWENTY-FIRST INTERIM FEE APPLICATION OF THOMAS SEAMAN, RECEIVER [Dkt. 1270] with the Court. The fee application details work performed by the Receiver from November 1, 2014, through January 31, 2015. The Receiver and his staff worked 384.9 hours executing the duties set forth in the Temporary Restraining Order and Order Appointing Receiver and subsequent orders of the Court. The application is posted here in one document which includes several exhibits. Exhibit A includes the November 2014 through January 2015 timeslips, which detail all fees sorted by task then by timekeeper. Exhibit B Summary By Timekeeper summarizes fees by timekeeper. Exhibit C Summary By Task summarizes fees by type of task performed. Exhibit D Summary By Referenced Asset summarizes fees by asset type. The Receiver also filed the [PROPOSED] ORDER ON TWENTY-FIRST INTERIM FEE APPLICATION OF THOMAS A. SEAMAN, RECEIVER [Dkt. 1270-1] to approve payment of 90% of the detailed fees of the Twenty-First Fee Application Period. The hearing of this fee application is set for July 13, 2015, at 8:30 a.m.
 
On June 1, 2015, the Receiver's attorneys, Allen Matkins LLP, filed their TWENTY-FIRST INTERIM FEE APPLICATION OF ALLEN MATKINS LECK GAMBLE MALLORY & NATSIS LLP, COUNSEL TO THE RECEIVER [Dkt. 1269] with the Court. The fee application details work performed by the attorneys from November 1, 2014, through January 31, 2015. Filed with their application is the DECLARATION OF MICHAEL R. FARRELL IN SUPPORT OF TWENTY-FIRST INTERIM FEE APPLICATION OF ALLEN MATKINS LECK GAMBLE MALLORY & NATSIS LLP, COUNSEL TO THE RECEIVER [Dkt. 1269-1] which details work performed on behalf of the Receivership Estate. The attorneys seek the [PROPOSED] ORDER ON TWENTY-FIRST INTERIM FEE APPLICATION OF ALLEN MATKINS LECK GAMBLE MALLORY & NATSIS LLP, COUNSEL TO THE RECEIVER [Dkt. 1269-2] authorizing the Receiver to pay 80% of the detailed fees and 100% of claimed costs. The hearing of this fee application is set for July 13, 2015, at 8:30 a.m.

RECEIVER'S SEVENTIETH REPORT TO THE COURT
On May 11, 2015, the Receiver filed his RECEIVER'S SEVENTIETH REPORT TO THE COURT [Dkt. No. 1264] in accordance with the Court’s order to provide monthly status reports. Items discussed in this Status Report include a summary of the Receiver’s actions over the past month, an inventory of key assets of the receivership and an accounting as of April 30, 2015.

RECEIVER'S SIXTY-NINTH REPORT TO THE COURT
On April 13, 2015, the Receiver filed his RECEIVER'S SIXTY-NINTH REPORT TO THE COURT [Dkt. No. 1263] in accordance with the Court’s order to provide monthly status reports. Items discussed in this Status Report include a summary of the Receiver’s actions over the past month, an inventory of key assets of the receivership and an accounting as of March 31, 2015.

RECEIVER'S SIXTY-EIGHTH REPORT TO THE COURT
On March 11, 2015, the Receiver filed his RECEIVER'S SIXTY-EIGHTH REPORT TO THE COURT [Dkt. No. 1255] in accordance with the Court’s order to provide monthly status reports. Items discussed in this Status Report include a summary of the Receiver’s actions over the past month, an inventory of key assets of the receivership and an accounting as of February 28, 2015.

RECEIVER'S SIXTY-SEVENTH REPORT TO THE COURT
On February 10, 2015, the Receiver filed his RECEIVER'S SIXTY-SEVENTH REPORT TO THE COURT in accordance with the Court’s order to provide monthly status reports. Items discussed in this Status Report include a summary of the Receiver’s actions over the past month, an inventory of key assets of the receivership and an accounting as of January 31, 2015.

RECEIVER'S TWENTIETH FEE APPLICATION TO THE COURT; FEE APPLICATION OF RECEIVER'S COUNSEL
On January 26, 2015, the Receiver filed his NOTICE OF HEARING ON INTERIM APPLICATIONS FOR APPROVAL AND PAYMENT OF COMPENSATION TO RECEIVER AND HIS PROFESSIONALS [Dkt. 1244] and his TWENTIETH INTERIM FEE APPLICATION OF THOMAS SEAMAN, RECEIVER [Dkt. 1245] with the Court. The fee application details work performed by the Receiver from August 1, 2014, through October 31, 2014. The Receiver and his staff worked 785.1 hours executing the duties set forth in the Temporary Restraining Order and Order Appointing Receiver and subsequent orders of the Court. The application is posted here in one document which includes several exhibits. Exhibit A includes the August 2014 through October 2014 timeslips, which detail all fees sorted by task then by timekeeper. Exhibit B Summary By Timekeeper summarizes fees by timekeeper. Exhibit C Summary By Task summarizes fees by type of task performed. Exhibit D Summary By Referenced Asset summarizes fees by asset type. The Receiver also filed the [PROPOSED] ORDER ON TWENTIETH INTERIM FEE APPLICATION OF THOMAS A. SEAMAN, RECEIVER [Dkt. 1245-1] to approve payment of 90% of the detailed fees of the Nineteenth Fee Application Period. The hearing of this fee application is set for February 23, 2015, at 8:30 a.m.
 
On January 26, 2015, the Receiver's attorneys, Allen Matkins LLP, filed their TWENTIETH INTERIM FEE APPLICATION OF ALLEN MATKINS LECK GAMBLE MALLORY & NATSIS LLP, COUNSEL TO THE RECEIVER [Dkt. 1246] with the Court. The fee application details work performed by the attorneys from August 1, 2014, through October 31, 2014. Filed with their application is the DECLARATION OF MICHAEL R. FARRELL IN SUPPORT OF TWENTIETH INTERIM FEE APPLICATION OF ALLEN MATKINS LECK GAMBLE MALLORY & NATSIS LLP, COUNSEL TO THE RECEIVER [Dkt. 1246-1] which details work performed on behalf of the Receivership Estate. The attorneys seek the [PROPOSED] ORDER ON TWENTIETH INTERIM FEE APPLICATION OF ALLEN MATKINS LECK GAMBLE MALLORY & NATSIS LLP, COUNSEL TO THE RECEIVER [Dkt. 1246-2] authorizing the Receiver to pay 80% of the detailed fees and 100% of claimed costs. The hearing of this fee application is set for February 23, 2015, at 8:30 a.m.

RECEIVER'S SIXTY-SIXTH REPORT TO THE COURT
On January 12, 2015, the Receiver filed his RECEIVER'S SIXTY-SIXTH REPORT TO THE COURT in accordance with the Court’s order to provide monthly status reports. Items discussed in this Status Report include a summary of the Receiver’s actions over the past month, an inventory of key assets of the receivership and an accounting as of December 31, 2014.

RECEIVER'S SIXTY-FIFTH REPORT TO THE COURT
On December 10, 2014, the Receiver filed his RECEIVER'S SIXTY-FIFTH REPORT TO THE COURT in accordance with the Court’s order to provide monthly status reports. Items discussed in this Status Report include a summary of the Receiver’s actions over the past month, an inventory of key assets of the receivership and an accounting as of November 30, 2014.

RECEIVER'S NINETEENTH FEE APPLICATION TO THE COURT; FEE APPLICATION OF RECEIVER'S COUNSEL
On November 20, 2014, the Receiver filed his NOTICE OF HEARING ON INTERIM APPLICATIONS FOR APPROVAL AND PAYMENT OF COMPENSATION TO RECEIVER AND HIS PROFESSIONALS [Dkt. 1236] and his NINETEENTH INTERIM FEE APPLICATION OF THOMAS SEAMAN, RECEIVER [Dkt. 1238] with the Court. The fee application details work performed by the Receiver from May 1, 2014, through July 31, 2014. The Receiver and his staff worked 923.4 hours executing the duties set forth in the Temporary Restraining Order and Order Appointing Receiver and subsequent orders of the Court. The application is posted here in one document which includes several exhibits. Exhibit A includes the May 2014 through July 2014 timeslips, which detail all fees sorted by task then by timekeeper. Exhibit B Summary By Timekeeper summarizes fees by timekeeper. Exhibit C Summary By Task summarizes fees by type of task performed. Exhibit D Summary By Referenced Asset summarizes fees by asset type. The Receiver also filed the NOTICE OF LODGING AMENDED [PROPOSED] ORDER ON NINETEENTH INTERIM FEE APPLICATION OF THOMAS A. SEAMAN, RECEIVER [Dkt. 1239] with the Court. The Receiver seeks the [PROPOSED] ORDER ON NINETEENTH INTERIM FEE APPLICATION OF THOMAS A. SEAMAN, RECEIVER [Dkt. 1239-1] to approve payment of 90% of the detailed fees of the Nineteenth Fee Application Period. The hearing of this fee application is set for December 22, 2014, at 8:30 a.m.
 
On November 20, 2014, the Receiver's attorneys, Allen Matkins LLP, filed their NINETEENTH INTERIM FEE APPLICATION OF ALLEN MATKINS LECK GAMBLE MALLORY & NATSIS LLP, COUNSEL TO THE RECEIVER [Dkt. 1237] with the Court. The fee application details work performed by the attorneys from May 1, 2014, through July 31, 2014. Filed with their application is the DECLARATION OF MICHAEL R. FARRELL IN SUPPORT OF NINETEENTH INTERIM FEE APPLICATION OF ALLEN MATKINS LECK GAMBLE MALLORY & NATSIS LLP, COUNSEL TO THE RECEIVER [Dkt. 1237-1] which details work performed on behalf of the Receivership Estate. The attorneys seek the [PROPOSED] ORDER ON NINETEENTH INTERIM FEE APPLICATION OF ALLEN MATKINS LECK GAMBLE MALLORY & NATSIS LLP, COUNSEL TO THE RECEIVER [Dkt. 1237-2] authorizing the Receiver to pay 80% of the detailed fees and 100% of claimed costs. The hearing of this fee application is set for December 22, 2014, at 8:30 a.m.

RECEIVER'S SIXTY-FOURTH REPORT TO THE COURT
On November 11, 2014, the Receiver filed his RECEIVER'S SIXTY-FOURTH REPORT TO THE COURT in accordance with the Court’s order to provide monthly status reports. Items discussed in this Status Report include a summary of the Receiver’s actions over the past month, an inventory of key assets of the receivership and an accounting as of October 31, 2014.

RECEIVER'S SIXTY-THIRD REPORT TO THE COURT
On October 10, 2014, the Receiver filed his RECEIVER'S SIXTY-THIRD REPORT TO THE COURT in accordance with the Court’s order to provide monthly status reports. Items discussed in this Status Report include a summary of the Receiver’s actions over the past month, an inventory of key assets of the receivership and an accounting as of September 30, 2014.

RECEIVER'S SIXTY-SECOND REPORT TO THE COURT
On September 10, 2014, the Receiver filed his SIXTY-SECOND REPORT TO THE COURT in accordance with the Court’s order to provide monthly status reports. Items discussed in this Status Report include a summary of the Receiver’s actions over the past month, an inventory of key assets of the receivership and an accounting as of August 31, 2014.

RECEIVER'S EIGHTEENTH FEE APPLICATION TO THE COURT; FEE APPLICATION OF RECEIVER'S COUNSEL
On August 20, 2014, the Receiver filed his NOTICE OF HEARING ON INTERIM APPLICATIONS FOR APPROVAL AND PAYMENT OF COMPENSATION TO RECEIVER AND HIS PROFESSIONALS [Dkt. 1194] and his EIGHTEENTH INTERIM FEE APPLICATION OF THOMAS SEAMAN, RECEIVER [Dkt. 1196] with the Court. The fee application details work performed by the Receiver from February 1, 2014, through April 30, 2014. The Receiver and his staff worked 896.2 hours executing the duties set forth in the Temporary Restraining Order and Order Appointing Receiver and subsequent orders of the Court. The application is posted here in one document which includes several exhibits. Exhibit A includes the February 2014 through April 2014 timeslips, which detail all fees sorted by task then by timekeeper. Exhibit B Summary By Timekeeper summarizes fees by timekeeper. Exhibit C Summary By Task summarizes fees by type of task performed. Exhibit D Summary By Referenced Asset summarizes fees by asset type. The Receiver seeks the [PROPOSED] ORDER ON EIGHTEENTH INTERIM FEE APPLICATION OF THOMAS A. SEAMAN, RECEIVER [Dkt. 1196-1] to approve payment of 90% of the detailed fees of the Eighteenth Fee Application Period. The hearing of this fee application is set for September 29, 2014, at 8:30 a.m.
 
On August 20, 2014, the Receiver's attorneys, Allen Matkins LLP, filed their EIGHTEENTH INTERIM FEE APPLICATION OF ALLEN MATKINS LECK GAMBLE MALLORY & NATSIS LLP, COUNSEL TO THE RECEIVER [Dkt. 1195] with the Court. The fee application details work performed by the attorneys from February 1, 2014, through April 30, 2014. Filed with their application is the DECLARATION OF MICHAEL R. FARRELL IN SUPPORT OF EIGHTEENTH INTERIM FEE APPLICATION OF ALLEN MATKINS LECK GAMBLE MALLORY & NATSIS LLP, COUNSEL TO THE RECEIVER [Dkt. 1195-1] which details work performed on behalf of the Receivership Estate. The attorneys seek the [PROPOSED] ORDER ON EIGHTEENTH INTERIM FEE APPLICATION OF ALLEN MATKINS LECK GAMBLE MALLORY & NATSIS LLP, COUNSEL TO THE RECEIVER [Dkt. 1195-2] authorizing the Receiver to pay 80% of the detailed fees and 100% of claimed costs. The hearing of this fee application is set for September 29, 2014, at 8:30 a.m.

RECEIVER'S SIXTY-FIRST REPORT TO THE COURT
On August 11, 2014, the Receiver filed his SIXTY-FIRST REPORT TO THE COURT in accordance with the Court’s order to provide monthly status reports. Items discussed in this Status Report include a summary of the Receiver’s actions over the past month, an inventory of key assets of the receivership and an accounting as of July 31, 2014.

RECEIVER’S SIXTIETH STATUS REPORT
On July 11, 2014, the Receiver filed the RECEIVER'S SIXTIETH REPORT TO THE COURT [Dkt. 1188] in accordance with the Court’s order to provide monthly status reports. Items discussed in this Status Report include a summary of the Receiver’s actions over the past month, an inventory of key assets of the receivership and an accounting as of June 30, 2014.

RECEIVER’S FIFTY-NINTH STATUS REPORT
On June 10, 2014, the Receiver filed the RECEIVER'S FIFTY-NINTH REPORT TO THE COURT [Dkt. 1183] in accordance with the Court’s order to provide monthly status reports. Items discussed in this Status Report include a summary of the Receiver’s actions over the past month, an inventory of key assets of the receivership and an accounting as of May 31, 2014.

RECEIVER’S FIFTY-EIGHTH STATUS REPORT
On May 12, 2014, the Receiver filed the RECEIVER'S FIFTY-EIGHTH REPORT TO THE COURT [Dkt. 1178] in accordance with the Court’s order to provide monthly status reports. Items discussed in this Status Report include a summary of the Receiver’s actions over the past month, an inventory of key assets of the receivership and an accounting as of April 30, 2014.
  
RECEIVER'S SEVENTEENTH FEE APPLICATION TO THE COURT; FEE APPLICATIONS OF RECEIVER'S COUNSELS
On April 21, 2014, the Receiver filed his NOTICE OF HEARING ON INTERIM APPLICATIONS FOR APPROVAL AND PAYMENT OF COMPENSATION TO RECEIVER AND HIS PROFESSIONALS [Dkt. 1170], and his SEVENTEENTH INTERIM FEE APPLICATION OF THOMAS SEAMAN, RECEIVER [Dkt. 1173] with the Court. The fee application details work performed by the Receiver from November 1, 2013, through January 31, 2014. The Receiver and his staff worked 869.5 hours executing the duties set forth in the Temporary Restraining Order and Order Appointing Receiver and subsequent orders of the Court. The application is posted here in one document which includes several exhibits. Exhibit A includes the November 2013 through January 2014 timeslips, which detail all fees sorted by task then by timekeeper. Exhibit B Summary By Timekeeper summarizes fees by timekeeper. Exhibit C Summary By Task summarizes fees by type of task performed. Exhibit D Summary By Referenced Asset summarizes fees by asset type. The Receiver seeks the [PROPOSED] ORDER ON SEVENTEENTH INTERIM FEE APPLICATION OF THOMAS A. SEAMAN, RECEIVER [Dkt. 1173-1] to approve payment of 90% of the detailed fees of the Seventeenth Fee Application Period. The hearing of this fee application is set for May 19, 2014, at 8:30 a.m.
 
On April 21, 2014, the Receiver's attorneys, Allen Matkins LLP, filed their NOTICE OF LODGING AMENDED [PROPOSED] ORDER ON SEVENTEENTH INTERIM FEE APPLICATION OF ALLEN MATKINS LECK GAMBLE MALLORY & NATSIS LLP, COUNSEL TO THE RECEIVER [Dkt. 1174], and their SEVENTEENTH INTERIM FEE APPLICATION OF ALLEN MATKINS LECK GAMBLE MALLORY & NATSIS LLP, COUNSEL TO THE RECEIVER [Dkt. 1171] with the Court. The fee application details work performed by the attorneys from November 1, 2013, through January 31, 2014. Filed with their application is the DECLARATION OF MICHAEL R. FARRELL IN SUPPORT OF SEVENTEENTH INTERIM FEE APPLICATION OF ALLEN MATKINS LECK GAMBLE MALLORY & NATSIS LLP, COUNSEL TO THE RECEIVER [Dkt. 1171-1], with accompanying EXHIBIT A TO DECLARATION OF MICHAEL R. FARRELL [Dkt. 1171-2] which details work performed on behalf of the Receivership Estate. The attorneys seek the AMENDED [PROPOSED] ORDER ON SEVENTEENTH INTERIM FEE APPLICATION OF ALLEN  MATKINS LECK GAMBLE MALLORY & NATSIS LLP, COUNSEL TO THE RECEIVER [Dkt. 1174-1]  authorizing the Receiver to pay 80% of the detailed fees and 100% of claimed costs. The hearing of this fee application is set for May 19, 2014, at 8:30 a.m.

On April 21, 2014, the Receiver's attorneys, Trachtenberg Rodes & Friedberg LLP, filed with the Court their SEVENTH INTERIM FEE APPLICATION OF TRACHTENBERG RODES & FRIEDBERG LLP, COUNSEL FOR RECEIVERSHIP ENTITY MEDICAL CAPITAL CORPORATION AND ITS AFFILIATES AND SUBSIDIARIES [Dkt. 1172].  The fee application details work performed by the attorneys from August 27, 2013, through February 28, 2014.  Supporting the application is the  DECLARATION OF LEONARD A. RODES IN SUPPORT OF SEVENTH INTERIM FEE APPLICATION OF TRACHTENBERG RODES & FRIEDBERG LLP, COUNSEL FOR RECEIVERSHIP ENTITY MEDICAL CAPITAL CORPORATION AND ITS AFFILIATES AND SUBSIDIARIES [Dkt. 1172-1].  The fee application summarizes and details fees and costs incurred for work performed by the law on behalf of the receivership estate.  The application seeks the [PROPOSED] ORDER ON SEVENTH INTERIM FEE APPLICATION OF TRACHTENBERG RODES & FRIEDBERG LLP, COUNSEL FOR RECEIVERSHIP ENTITY MEDICAL CAPITAL CORPORATION AND ITS AFFILIATES AND SUBSIDIARIES [Dkt. 1172-2] authorizing the Receiver to pay 100% of the fees and costs.  The hearing of this fee application is set for May 19, 2014, at 8:30 a.m.

RECEIVER’S FIFTY-SEVENTH STATUS REPORT
On April 10, 2014, the Receiver filed the RECEIVER'S FIFTY-SEVENTH REPORT TO THE COURT in accordance with the Court’s order to provide monthly status reports. Items discussed in this Status Report include a summary of the Receiver’s actions over the past month, an inventory of key assets of the receivership and an accounting as of March 31, 2014.

RECEIVER’S FIFTY-SIXTH STATUS REPORT
On March 10, 2014, the Receiver filed the RECEIVER'S FIFTY-SIXTH REPORT TO THE COURT in accordance with the Court’s order to provide monthly status reports. Items discussed in this Status Report include a summary of the Receiver’s actions over the past month, an inventory of key assets of the receivership and an accounting as of February 28, 2014.

DISTRIBUTION UPDATE OF FEBRUARY 27, 2014
The Receiver mailed the investor distribution checks on Friday, February 21, 2014.  Since that time, many investors have called the Receiver’s offices with questions on the amount of their distribution.  In an effort to efficiently respond to investor inquiries and reduce the number of calls, the Frequently Asked Questions (FAQs) are being updated with the following questions many investors are asking.  Click on the questions to pull up the answers in pdf form.

How was the amount of my distribution check calculated?

I had more than one note and received interest and my principal back on some of the notes, how was my distribution calculated?

Will I be receiving a 1099 for this distribution?

I have not received my distribution check yet, what should I do?

I had two investments with Medical Capital, one in my IRA and another in my family trust, will I receive two checks?

My check was made jointly payable to me and my late spouse or parent and I cannot cash it, what should I do?


DISTRIBUTION UPDATE OF FEBRUARY 17, 2014

This website is being updated to provide investors and claimants with the status of the distribution checks.  The checks are currently being printed and mailing of the checks will be completed by Saturday, February 22, 2014.

RECEIVER’S FIFTY-FIFTH STATUS REPORT
On February 11, 2014, the Receiver filed the RECEIVER'S FIFTY-FIFTH REPORT TO THE COURT in accordance with the Court’s order to provide monthly status reports. Items discussed in this Status Report include a summary of the Receiver’s actions over the past month, an inventory of key assets of the receivership and an accounting as of January 31, 2014.

DISTRIBUTION UPDATE
The Receiver previously anticipated that checks would have been mailed by now, but unfortunately, the distribution checks have not yet been issued.  Reconciliation of the amounts paid to investors by the three note holder plaintiff groups has been far more complicated than anticipated.  One of the unanticipated developments is that representatives of the Abbate plaintiffs have kept a portion of the trustee settlement proceeds as a reserve.  The Receiver has been informed that such funds will be distributed to investors in the next few months.  The amount of the reserve had not previously been disclosed, making it impossible for the Receiver to correctly make his distribution calculations.  The Receiver has now been provided with the reserve information.  Other difficulties have arisen from a small number of inadvertent double settlement payments and other issues which impact the Receiver's overall distribution calculations.  While the Receiver knows investors have waited a long time and regrets the delay, the numbers must nonetheless be correct.  The Receiver is finalizing his calculations and estimates that checks will start issuing in approximately ten days.  The Receiver is consulting with the check printer and will provide an update as to the new issuance date as soon as it is known.  

RECEIVER'S SIXTEENTH FEE APPLICATION TO THE COURT; FEE APPLICATIONS OF RECEIVER'S COUNSELS, ALLEN MATKINS LLP
On February 3, 2014, the Receiver filed his NOTICE OF HEARING ON INTERIM APPLICATIONS FOR APPROVAL AND PAYMENT OF COMPENSATION TO RECEIVER AND HIS PROFESSIONALS, and his AMENDED SIXTEENTH INTERIM FEE APPLICATION OF THOMAS SEAMAN, RECEIVER with the Court. The fee application details work performed by the Receiver from August 1, 2013, through October 31, 2013. The Receiver and his staff worked 850.9 hours executing the duties set forth in the Temporary Restraining Order and Order Appointing Receiver and subsequent orders of the Court. The application is posted here in one document which includes several exhibits. Exhibit A includes the August 2013 through October 2013 timeslips, which detail all fees sorted by task then by timekeeper. Exhibit B Summary By Timekeeper summarizes fees by timekeeper. Exhibit C Summary By Task summarizes fees by type of task performed. Exhibit D Summary By Referenced Asset summarizes fees by asset type. The Receiver seeks the [PROPOSED] ORDER ON SIXTEENTH INTERIM FEE APPLICATION OF THOMAS A. SEAMAN, RECEIVER to approve payment of 90% of the detailed fees of the Sixteenth Fee Application Period. The hearing of this fee application is set for March 3, 2014, at 8:30 a.m.
 
On February 3, 2014, the Receiver's attorneys, Allen Matkins LLP, filed their SIXTEENTH INTERIM FEE APPLICATION OF ALLEN MATKINS LECK GAMBLE MALLORY & NATSIS LLP, COUNSEL TO THE RECEIVER with the Court. The fee application details work performed by the attorneys from August 1, 2013, through October 31, 2013. Filed with their application is the DECLARATION OF MICHAEL R. FARRELL IN SUPPORT OF SIXTEENTH INTERIM FEE APPLICATION OF ALLEN MATKINS LECK GAMBLE MALLORY & NATSIS LLP, COUNSEL TO THE RECEIVER which details work performed on behalf of the Receivership Estate. The attorneys seek the [PROPOSED] ORDER ON SIXTEENTH INTERIM FEE APPLICATION OF ALLEN MATKINS LECK GAMBLE MALLORY & NATSIS LLP, COUNSEL TO THE RECEIVER authorizing the Receiver to pay 80% of the detailed fees and 100% of claimed costs. The hearing of this fee application is set for March 3, 2014, at 8:30 a.m.

RECEIVER’S FIFTY-FOURTH STATUS REPORT
On January 10, 2014, the Receiver filed the RECEIVER'S FIFTY-FOURTH REPORT TO THE COURT in accordance with the Court’s order to provide monthly status reports. Items discussed in this Status Report include a summary of the Receiver’s actions over the past month, an inventory of key assets of the receivership and an accounting as of December 31, 2013.

DISTRIBUTION CHECKS UPDATE
The Receiver has now received the detailed information about distributions from each of the groups that settled with Bank of New York Mellon and Wells Fargo.  As provided in the Court-approved Distribution Plan, this information is necessary to calculating distributions to noteholders and non-investor creditors from the Receivership Estate. The Receiver is working diligently on that process.  If there are no unexpected delays, the Receiver anticipates starting to mail distribution checks on or about January 27, 2014.

RECEIVER’S FIFTY-THIRD STATUS REPORT
On December 10, 2013, the Receiver filed the RECEIVER'S FIFTY-THIRD REPORT TO THE COURT in accordance with the Court’s order to provide monthly status reports. Items discussed in this Status Report include a summary of the Receiver’s actions over the past month, an inventory of key assets of the receivership and an accounting as of November 30, 2013.
 
RECEIVER’S FIFTY-SECOND STATUS REPORT
On November 12, 2013, the Receiver filed the RECEIVER'S FIFTY-SECOND REPORT TO THE COURT in accordance with the Court’s order to provide monthly status reports. Items discussed in this Status Report include a summary of the Receiver’s actions over the past month, an inventory of key assets of the receivership and an accounting as of October 31, 2013.
 
RECEIVER'S FIFTEENTH FEE APPLICATION TO THE COURT; FEE APPLICATIONS OF RECEIVER'S COUNSELS, ALLEN MATKINS LLP
On November 8, 2013, the Receiver filed his NOTICE OF HEARING ON INTERIM APPLICATIONS FOR APPROVAL AND PAYMENT OF COMPENSATION TO RECEIVER AND HIS PROFESSIONALS, and his FIFTEENTH INTERIM FEE APPLICATION OF THOMAS SEAMAN, RECEIVER with the Court. The fee application details work performed by the Receiver from May 1, 2013, through July 31, 2013. The Receiver and his staff worked 878.3 hours executing the duties set forth in the Temporary Restraining Order and Order Appointing Receiver and subsequent orders of the Court. The application is posted here in one document which includes several exhibits. Exhibit A includes the May 2013 through July 2013 timeslips, which detail all fees sorted by task then by timekeeper. Exhibit B Summary By Timekeeper summarizes fees by timekeeper. Exhibit C Summary By Task summarizes fees by type of task performed. Exhibit D Summary By Referenced Asset summarizes fees by asset type. The Receiver seeks the [PROPOSED] ORDER ON FIFTEENTH INTERIM FEE APPLICATION OF THOMAS A. SEAMAN, RECEIVER to approve payment of 90% of the detailed fees of the Fifteenth Fee Application Period. The hearing of this fee application is set for December 16, 2013, at 8:30 a.m.
 
On November 8, 2013, the Receiver's attorneys, Allen Matkins LLP, filed their FIFTEENTH INTERIM FEE APPLICATION OF ALLEN MATKINS LECK GAMBLE MALLORY & NATSIS LLP, COUNSEL TO THE RECEIVER with the Court. The fee application details work performed by the attorneys from May 1, 2013, through July 31, 2013. Filed with their application is the DECLARATION OF MICHAEL R. FARRELL IN SUPPORT OF FIFTEENTH INTERIM FEE APPLICATION OF ALLEN MATKINS LECK GAMBLE MALLORY & NATSIS LLP, COUNSEL TO THE RECEIVER which details work performed on behalf of the Receivership Estate. The attorneys seek the [PROPOSED] ORDER ON FIFTEENTH INTERIM FEE APPLICATION OF ALLEN MATKINS LECK GAMBLE MALLORY & NATSIS LLP, COUNSEL TO THE RECEIVER authorizing the Receiver to pay 80% of the detailed fees and 100% of claimed costs. The hearing of this fee application is set for December 16, 2013, at 8:30 a.m.
 
STATUS REPORT AND REQUEST FOR APPROVAL OF INTERIM DISTRIBUTION
On October 28, 2013, the Receiver filed with the Court his STATUS REPORT AND REQUEST FOR APPROVAL OF INTERIM DISTRIBUTION.  This report discusses issues affecting the planned distribution and proposes revised distribution and reserve amounts for a targeted distribution in December 2013.  An AMENDED NOTICE OF HEARING has been filed with the Court changing the hearing date.  The hearing on the status report, if the Court determines one is necessary, will take place on December 2, 2013.

RECEIVER’S FIFTY-FIRST STATUS REPORT
On October 10, 2013, the Receiver filed the RECEIVER'S FIFTY-FIRST REPORT TO THE COURT in accordance with the Court’s order to provide monthly status reports. Items discussed in this Status Report include a summary of the Receiver’s actions over the past month, an inventory of key assets of the receivership and an accounting as of September 30, 2013.

RECEIVER'S FOURTEENTH FEE APPLICATION TO THE COURT; FEE APPLICATIONS OF RECEIVER'S COUNSELS, ALLEN MATKINS LLP, TRACHTENBERG RODES & FRIEDBERG LLP, FORMAN HOLT ELIADES & YOUNGMAN LLC
On September 25, 2013, the Receiver filed his NOTICE OF HEARING ON INTERIM APPLICATIONS FOR APPROVAL AND PAYMENT OF COMPENSATION TO RECEIVER AND HIS PROFESSIONALS, and his FOURTHEENTH INTERIM FEE APPLICATION OF THOMAS SEAMAN, RECEIVER with the Court. The fee application details work performed by the Receiver from February 1, 2013, through April 30, 2013. The Receiver and his staff worked 651.3 hours executing the duties set forth in the Temporary Restraining Order and Order Appointing Receiver and subsequent orders of the Court. The application is posted here in one document which includes several exhibits. Exhibit A includes the February 2013 through April 2013 timeslips, which detail all fees sorted by task then by timekeeper. Exhibit B Summary By Timekeeper summarizes fees by timekeeper. Exhibit C Summary By Task summarizes fees by type of task performed. Exhibit D Summary By Referenced Asset summarizes fees by asset type. The Receiver seeks the [PROPOSED] ORDER ON FOURTEENTH INTERIM FEE APPLICATION OF THE RECEIVER (filed with the NOTICE OF LODGING OF PROPOSED ORDER) to approve payment of 90% of the detailed fees of the Fourteenth Fee Application Period. The hearing of this fee application is set for October 28, 2013, at 8:30 a.m.

On September 25, 2013, the Receiver's attorneys, Allen Matkins LLP, filed their FOURTEENTH INTERIM FEE APPLICATION OF ALLEN MATKINS LECK GAMBLE MALLORY & NATSIS LLP, COUNSEL TO THE RECEIVER with the Court. The fee application details work performed by the attorneys from February 1, 2013, through April 30, 2013. Filed with their application is the DECLARATION OF MICHAEL R. FARRELL IN SUPPORT OF FOURTEENTH INTERIM FEE APPLICATION OF ALLEN MATKINS LLP, COUNSEL TO THE RECEIVER which details work performed on behalf of the Receivership Estate. The attorneys seek the [PROPOSED] ORDER ON FOURTEENTH INTERIM FEE APPLICATION OF ALLEN MATKINS LLP, COUNSEL TO THE RECEIVER authorizing the Receiver to pay 80% of the detailed fees and 100% of claimed costs. The hearing of this fee application is set for October 28, 2013, at 8:30 a.m.

On September 25, 2013, the Receiver's attorneys, Trachtenberg Rodes & Friedberg LLP, filed with the Court their SIXTH INTERIM FEE APPLICATION OF TRACHTENBERG RODES & FRIEDBERG LLP, COUNSEL FOR RECEIVERSHIP ENTITY MEDICAL CAPITAL CORPORATION AND ITS AFFILIATES AND SUBSIDIARIES.  The fee application details work performed by the attorneys from May 1, 2012, through July 31, 2013.  Supporting the application is the DECLARATION OF LEONARD A. RODES IN SUPPORT OF SIXTH INTERIM FEE APPLICATION OF TRACHTENBERG RODES & FRIEDBERG LLP, COUNSEL FOR RECEIVERSHIP ENTITY MEDICAL CAPITAL CORPORATION AND ITS AFFILIATES AND SUBSIDIARIES (filed on September 27, 2013, with an accompanying NOTICE OF LODGING.)  The fee application summarizes and details fees and costs incurred for work performed by the law on behalf of the receivership estate.  The application seeks the [PROPOSED] ORDER RE FEE APPLICATION OF TRACHTENBERG RODES & FRIEDBERG LLP, COUNSEL FOR RECEIVERSHIP ENTITY MEDICAL CAPITAL CORPORATION AND ITS AFFILIATES AND SUBSIDIARIES authorizing the Receiver to pay 100% of the fees and costs.  The hearing of this fee application is set for October 28, 2013, at 8:30 a.m.

On September 25, 2013, the Receiver's attorneys, Forman Holt Eliades & Youngman LLC, filed their SECOND INTERIM FEE APPLICATION OF FORMAN HOLT ELIADES & YOUNGMAN LLC with the Court. The fee application details work performed by the attorneys from July 14, 2011, through September 12, 2013.  Filed with their application is the DECLARATION OF HARRY M. GUTFLEISH, ESQ. IN SUPPORT OF SECOND INTERIM FEE APPLICATION OF FORMAN HOLT ELIADES & YOUNGMAN LLC which details work performed on behalf of the receivership estate.  The attorneys seek the [PROPOSED] ORDER ON FIRST INTERIM FEE APPLICATION OF FORMAN HOLT ELIADES & YOUNGMAN LLC authorizing the Receiver to pay 100% of the detailed fees and 100% of claimed costs.  The hearing of this fee application is set for October 28, 2013, at 8:30 a.m.

RECEIVER’S FIFTIETH STATUS REPORT
On September 10, 2013, the Receiver filed the RECEIVER'S FIFTIETH REPORT TO THE COURT in accordance with the Court’s order to provide monthly status reports. Items discussed in this Status Report include a summary of the Receiver’s actions over the past month, an inventory of key assets of the receivership and an accounting as of August 31, 2013.

RECEIVER’S FORTY-NINTH STATUS REPORT
On August 12, 2013, the Receiver filed the RECEIVER'S FORTY-NINTH REPORT TO THE COURT in accordance with the Court’s order to provide monthly status reports. Items discussed in this Status Report include a summary of the Receiver’s actions over the past month, an inventory of key assets of the receivership and an accounting as of July 31, 2013.

RECEIVER'S REPORT ON AND REQUEST TO APPROVE OFFSETS TO NOTEHOLDER CLAIMS ON ACCOUNT OF THIRD PARTY RECOVERIES
On August 1, 2013, the Receiver filed his RECEIVER'S REPORT ON AND REQUEST TO APPROVE OFFSETS TO NOTEHOLDER CLAIMS ON ACCOUNT OF THIRD PARTY RECOVERIES. Also filed was the NOTICE OF MANUAL FILING. Because most of the Third Party Recoveries were obtained through settlements which were subject to confidentiality agreements or orders, Exhibit 1 to the report is necessarily being filed under seal.  The hearing is calendared for August 12, 2013, at 8:30 a.m.

IMPORTANT INFORMATION REGARDING THIRD PARTY RECOVERIES AND DISTRIBUTIONS
The Court has previously approved the Receiver's Distribution Plan which includes the provision that Noteholder allowed MIMO claims will reduced by amounts received from third parties on account their investment in Medical Capital. Accordingly the Receiver mailed forms requiring Noteholders to report those amounts. Most Noteholders have complied. For those Noteholders who reported amounts that agreed with information that the Receiver had, the Receiver has requested that the Court approve the offset provided by the Noteholder. In those instances, the Noteholder will not receive any further notice as there is no dispute. In those instances where the Receiver's information differed from the information provided by the Noteholder on Third Party Recovery form, each Noteholder will receive an individual notice of the Receiver proposed offset for that Noteholder. If a Noteholder disagrees with the amount they should attend the hearing at 8:30 a.m. on August 12, 2013, Courtroom 9D of the United States Courthouse located at 411 West Fourth Street, Santa Ana, California. If you cannot travel and would like your objection communicated to the Court, you may mail or email your objection to the Receiver before August 8th and the Receiver will inform the Court of your objection. If you have never returned a Third Party Recovery Form, the Receiver will not process your distribution until you do so.

Thomas Seaman
Court-Appointed Receiver for
Medical Capital Corporation and affiliated entities
3 Park Plaza, Suite 550
Irvine, CA 92614
Email: alison@thomasseaman.com


NOTICE OF HEARING ON REQUEST TO APPROVE OFFSETS TO NOTEHOLDER CLAIMS ON ACCOUNT OF THIRD PARTY RECOVERIES
On July 15, 2013, the Receiver filed with the Court his NOTICE OF HEARING ON REQUEST TO APPROVE OFFSETS TO NOTEHOLDER CLAIMS ON ACCOUNT OF THIRD PARTY RECOVERIES. The hearing is calendared for August 12, 2013, at 8:30 a.m.

RECEIVER’S FORTY-EIGHTH STATUS REPORT
On July 10, 2013, the Receiver filed the RECEIVER'S FORTY-EIGHTH REPORT TO THE COURT in accordance with the Court’s order to provide monthly status reports. Items discussed in this Status Report include a summary of the Receiver’s actions over the past month, an inventory of key assets of the receivership and an accounting as of June 30, 2013.

THIRTEENTH FEE APPLICATIONS TO THE COURT OF RECEIVER AND COUNSEL, ALLEN MATKINS LLP
On June 14, 2013, the Receiver's attorneys, Allen Matkins LLP, filed with the Court their NOTICE OF HEARING ON INTERIM APPLICATIONS FOR APPROVAL AND PAYMENT OF COMPENSATION TO RECEIVER AND HIS PROFESSIONALS. The Receiver filed his THIRTEENTH INTERIM FEE APPLICATION OF THOMAS SEAMAN, RECEIVER with the Court. The fee application details work performed by the Receiver from November 1, 2012, through January 31, 2013. The Receiver and his staff worked 731.8 hours executing the duties set forth in the Temporary Restraining Order and Order Appointing Receiver and subsequent orders of the Court. The application as posted here includes Exhibit “A”, which detail all fees sorted by task; Exhibit “B”, which summarizes fees by timekeeper; Exhibit “C”, which summarizes fees by type of task performed; and Exhibit “D”, which summarizes fees by asset type. The Receiver seeks the [PROPOSED] ORDER ON THIRTEENTH INTERIM FEE APPLICATION OF THE RECEIVER to approve payment of 90% of the detailed fees of the Thirteenth Fee Application Period. The hearing of this fee application is set for July 15, 2013, at 8:30 a.m.

The Receiver’s counsel filed their THIRTEENTH INTERIM FEE APPLICATION OF ALLEN MATKINS LECK GAMBLE MALLORY & NATSIS LLP, COUNSEL TO THE RECEIVER with the Court. The fee application details work performed by the attorneys from November 1, 2012, through January 31, 2013. Filed with their application is the DECLARATION OF MICHAEL R. FARRELL IN SUPPORT OF THIRTEENTH INTERIM FEE APPLICATION OF ALLEN MATKINS LLP, COUNSEL TO THE RECEIVER, which includes exhibits which detail work performed on behalf of the Receivership Estate. The attorneys seek the [PROPOSED] ORDER ON THIRTEENTH INTERIM FEE APPLICATION OF ALLEN MATKINS LLP, COUNSEL TO THE RECEIVER authorizing the Receiver to pay 80% of the detailed fees and 100% of claimed costs. The hearing of this fee application is set for July 15, 2013, at 8:30 a.m.

RECEIVER’S FORTY-SEVENTH STATUS REPORT
On June 11, 2013, the Receiver filed the RECEIVER'S FORTY-SEVENTH REPORT TO THE COURT in accordance with the Court’s order to provide monthly status reports. Items discussed in this Status Report include a summary of the Receiver’s actions over the past month, an inventory of key assets of the receivership and an accounting as of May 31, 2013.

RECEIVER’S FORTY-SIXTH STATUS REPORT
On May 10, 2013, the Receiver filed the RECEIVER'S FORTY-SIXTH REPORT TO THE COURT in accordance with the Court’s order to provide monthly status reports. Items discussed in this Status Report include a summary of the Receiver’s actions over the past month, an inventory of key assets of the receivership and an accounting as of April 30, 2013.

RECEIVER’S FORTY-FIFTH STATUS REPORT

On April 10, 2013, the Receiver filed the RECEIVER'S FORTY-FIFTH REPORT TO THE COURT in accordance with the Court’s order to provide monthly status reports. Items discussed in this Status Report include a summary of the Receiver’s actions over the past month, an inventory of key assets of the receivership and an accounting as of March 31, 2013.

TWELFTH FEE APPLICATION OF RECEIVER'S COUNSEL, ALLEN MATKINS LLP 
On March 29, 2013, the Receiver's attorneys, Allen Matkins LLP, filed their NOTICE OF HEARING ON INTERIM APPLICATIONS FOR APPROVAL AND PAYMENT OF COMPENSATION TO RECEIVER AND HIS PROFESSIONALS, and their TWELFTH INTERIM FEE APPLICATION OF ALLEN MATKINS LECK GAMBLE MALLORY & NATSIS LLP, COUNSEL TO THE RECEIVER with the Court. The fee application details work performed by the attorneys from August 1, 2012, through October 31, 2012. Filed with their application is the DECLARATION OF MICHAEL R. FARRELL IN SUPPORT OF TWELFTH INTERIM FEE APPLICATION OF ALLEN MATKINS LLP, COUNSEL TO THE RECEIVER, supported by EXHIBIT A PART 1 and EXHIBIT A PART 2, which details work performed on behalf of the Receivership Estate. The attorneys seek the [PROPOSED] ORDER ON TWELFTH INTERIM FEE APPLICATION OF ALLEN MATKINS LLP, COUNSEL TO THE RECEIVER authorizing the Receiver to pay 80% of the detailed fees and 100% of claimed costs. The hearing of this fee application is set for April 29, 2013, at 8:30 a.m.

RECEIVER'S TWELFTH FEE APPLICATION TO THE COURT
On March 19, 2013, the Receiver filed his TWELFTH INTERIM FEE APPLICATION OF THOMAS SEAMAN, RECEIVER with the Court. The fee application details work performed by the Receiver from August 1, 2012, through October 31, 2012. The Receiver and his staff worked 1,045.3 hours executing the duties set forth in the Temporary Restraining Order and Order Appointing Receiver and subsequent orders of the Court. The application is posted here with EXHIBIT A AUGUST TIMESLIPS, EXHIBIT A SEPTEMBER TIMESLIPS, EXHIBIT A OCTOBER TIMESLIPS, which detail all fees sorted by task. EXHIBIT B SUMMARY BY TIMEKEEPER summarizes fees by timekeeper. EXHIBIT C SUMMARY BY TASK summarizes fees by type of task performed. EXHIBIT D SUMMARY BY REFERENCED ASSET summarizes fees by asset type. The Receiver seeks the [PROPOSED] ORDER ON TWELFTH INTERIM FEE APPLICATION OF THE RECEIVER to approve payment of 90% of the detailed fees of the Twelfth Fee Application Period. The hearing of this fee application is set for April 29, 2013, at 8:30 a.m.

RECEIVER’S FORTY-FOURTH STATUS REPORT
On March 11, 2013, the Receiver filed the RECEIVER'S FORTY-FOURTH REPORT TO THE COURT in accordance with the Court’s order to provide monthly status reports. Items discussed in this Status Report include a summary of the Receiver’s actions over the past month, an inventory of key assets of the receivership and an accounting as of February 28, 2013.

SW ATLANTA; ORDER APPROVING AMENDMENT TO PURCHASE AND SALE AGREEMENT
On February 15, 2013, Judge Carter entered his ORDER APPROVING AMENDMENT TO PURCHASE AND SALE AGREEMENT BETWEEN RECEIVER AND ARBERG PROPERTIES, LLC [969].

CROWN PLAZA; ORDER APPROVING AMENDMENT TO SETTLEMENT AGREEMENT
On February 15, 2013, Judge Carter entered his ORDER APPROVING AMENDMENT TO SETTLEMENT AGREEMENT BETWEEN RECEIVER AND CROWN PLAZA DEVELOPMENT, LLC [970].

EX PARTE APPLICATION FOR APPROVAL OF AMENDMENT TO SETTLEMENT AGREEMENT BETWEEN RECEIVER AND CROWN PLAZA DEVELOPMENT, LLC
On February 13, 2013, the Receiver filed his EX PARTE APPLICATION FOR APPROVAL OF AMENDMENT TO SETTLEMENT AGREEMENT BETWEEN RECEIVER AND CROWN PLAZA DEVELOPMENT, LLC.  The Amendment extends the deadline for entry of approval orders to February 8, 2013, and the deadline for orders to become final to April 5, 2013. The Settlement Agreement between the Receiver and Crown Plaza Development, LLC, remains the same in all other respects.

SW ATLANTA:  EX PARTE APPLICATION FOR ORDER APPROVING AMENDMENT TO PURCHASE AGREEMENT
On February 13, 2013, the Receiver filed his EX PARTE APPLICATION FOR ORDER APPROVING AMENDMENT TO PURCHASE AND SALE AGREEMENT BETWEEN RECEIVER AND ARBERG PROPERTIES, LLC.  The application is supported by the DECLARATION OF THOMAS A. SEAMAN IN SUPPORT OF EX PARTE APPLICATION FOR ORDER APPROVING AMENDMENT TO PURCHASE AND SALE AGREEMENT BETWEEN RECEIVER AND ARBERG PROPERTIES, LLC.

BANK OF NEW YORK MELLON’S RESPONSE TO THE RECEIVER’S MOTION FOR ORDER APPROVING RECEIVER’S PROPOSED DISTRIBUTION PLAN AND AUTHORIZING FIRST INTERIM DISTRIBUTION

On February 4, 2013, the Bank of New York Mellon filed THE BANK OF NEW YORK MELLON’S RESPONSE TO THE RECEIVER’S MOTION FOR ORDER APPROVING RECEIVER’S PROPOSED DISTRIBUTION PLAN AND AUTHORIZING FIRST INTERIM DISTRIBUTION.

RECEIVER’S FORTY-THIRD STATUS REPORT

On February 10, 2013, the Receiver filed the RECEIVER'S FORTY-THIRD REPORT TO THE COURT
in accordance with the Court’s order to provide monthly status reports. Items discussed in this Status Report include a summary of the Receiver’s actions over the past month, an inventory of key assets of the receivership and an accounting as of January 31, 2013.

ORDER APPROVING SETTLEMENT AGREEMENT WITH CROWN PLAZA DEVELOPMENT
January 28, 2013, Judge Carter entered his ORDER APPROVING CROWN PLAZA SETTLEMENT. The order references the previously posted DECLARATION OF THOMAS A. SEAMAN IN SUPPORT OF MOTION FOR APPROVAL OF SETTLEMENT AGREEMENT WITH CROWN PLAZA DEVELOPMENT, LLC, which was filed with the Court on November 16, 2012.

RECEIVER’S FORTY-SECOND STATUS REPORT
On January 10, 2013, the Receiver filed the RECEIVER'S FORTY-SECOND REPORT TO THE COURT in accordance with the Court’s order to provide monthly status reports. Items discussed in this Status Report include a summary of the Receiver’s actions over the past month, an inventory of key assets of the receivership and an accounting as of December 31, 2012.
 
RECEIVER'S ELEVENTH FEE APPLICATION TO THE COURT; FEE APPLICATION OF RECEIVER'S COUNSEL, ALLEN MATKINS LLP
On January 4, 2013, the Receiver filed his NOTICE OF HEARING ON INTERIM APPLICATIONS FOR APPROVAL AND PAYMENT OF COMPENSATION TO RECEIVER AND HIS PROFESSIONALS, and his ELEVENTH INTERIM FEE APPLICATION OF THOMAS SEAMAN, RECEIVER  with the Court. The fee application details work performed by the Receiver from May 1, 2012, through July 31, 2012.  The Receiver and his staff worked 1,378.3 hours executing the duties set forth in the Temporary Restraining Order and Order Appointing Receiver and subsequent orders of the Court.  The application is posted here with EXHIBIT A MAY TIMESLIPS, EXHIBIT A JUNE TIMESLIPS, and EXHIBIT A JULY TIMESLIPS, which detail all fees sorted by task.  EXHIBIT B SUMMARY BY TIMEKEEPER summarizes fees by timekeeper.  EXHIBIT C SUMMARY BY TASK summarizes fees by type of task performed.  EXHIBIT D SUMMARY BY REFERENCED ASSET summarizes fees by asset type.  The Receiver seeks the [PROPOSED] ORDER ON ELEVENTH INTERIM FEE APPLICATION OF THE RECEIVER to approve payment of 90% of the detailed fees of the Eleventh Fee Application Period.  The hearing of this fee application is set for February 4, 2013, at 8:30 a.m.

On January 4, 2013, the Receiver's attorneys, Allen Matkins LLP, filed their ELEVENTH INTERIM FEE APPLICATION OF ALLEN MATKINS LECK GAMBLE MALLORY & NATSIS LLP, COUNSEL TO THE RECEIVER with the Court.  The fee application details work performed by the attorneys from May 1, 2012, through July 31, 2012.  Filed with their application is the DECLARATION OF MICHAEL R. FARRELL IN SUPPORT OF ELEVENTH INTERIM FEE APPLICATION OF ALLEN MATKINS LLP, COUNSEL TO THE RECEIVER, supported by Exhibit A PART 1, PART 2, PART 3 and PART 4 which details work performed on behalf of the Receivership Estate.  The attorneys seek the [PROPOSED] ORDER ON ELEVENTH INTERIM FEE APPLICATION OF ALLEN MATKINS LLP, COUNSEL TO THE RECEIVER authorizing the Receiver to pay 80% of the detailed fees and 100% of claimed costs.  The hearing of this fee application is set for February 4, 2013, at 8:30 a.m.

SW ATLANTA HOSPITAL; ORDER APPROVING OVERBID PROCEDURES; SALE HEARING MOVED TO DECEMBER 27
On December 7, 2012, Judge Carter entered his ORDER APPROVING (A) OVERBID PROCEDURES FOR SALE OF SOUTHWEST ATLANTA MEDICAL CENTER AND (B) NOTICE OF SALE [911].  The order approved the overbid procedures  for the proposed sale of the Southwest Atlanta Medical Center.   The hearing to approve the sale has been moved to December 27, 2012 at 8:30 a.m.

RECEIVER’S FORTY-FIRST STATUS REPORT
On December 10, 2012, the Receiver filed the RECEIVER'S FORTY-FIRST REPORT TO THE COURT in accordance with the Court’s order to provide monthly status reports. Items discussed in this Status Report include a summary of the Receiver’s actions over the past month, an inventory of key assets of the receivership and an accounting as of November 30, 2012.  

TRUSTEE SETTLEMENTS HEARING ADVANCED TO 7:30 A.M., DECEMBER 4, 2012
The December 4, 2012, Trustee Settlements hearing has been advanced from 4:30 p.m. to 7:30 a.m., December 4, 2012.

MOTION TO APPROVE SETTLEMENT AGREEMENT WITH CROWN PLAZA DEVELOPMENT
LLC
On November 16, 2012, the Receiver filed with the Court his NOTICE OF MOTION AND MOTION FOR APPROVAL OF SETTLEMENT AGREEMENT WITH CROWN PLAZA DEVELOPMENT, LLC; MEMORANDUM OF POINTS AND AUTHORITIES.  The motion is supported by the DECLARATION OF THOMAS A. SEAMAN IN SUPPORT OF MOTION FOR APPROVAL OF SETTLEMENT AGREEMENT WITH CROWN PLAZA DEVELOPMENT, LLC.  The hearing to approve the settlement is calendared for December 17, 2012.

SW ATLANTA MEDICAL CENTER:  MOTION TO SELL; AND APPLICATION TO APPROVE OVERBID PROCEDURES
On November 16, 2012, the Receiver filed with the Court various motions in support of the proposed sale of the Southwest Atlanta Medical Center.  The Receiver filed his EX PARTE APPLICATION FOR APPROVAL OF (A) OVERBID PROCEDURES FOR SALE OF SOUTHWEST ATLANTA MEDICAL CENTER AND (B) NOTICE OF SALE.  Also filed was the NOTICE OF MOTION AND MOTION FOR ORDER APPROVING (A) SALE OF SOUTHWEST ATLANTA MEDICAL CENTER PROPERTY FREE AND CLEAR OF LIENS AND (B) REAL ESTATE BROKER'S COMMISSION; MEMORANDUM OF POINTS AND AUTHORITIES.  Supporting the sale motion is the DECLARATION OF THOMAS A. SEAMAN IN SUPPORT OF MOTION FOR ORDER APPROVING (A) SALE OF SOUTHWEST ATLANTA MEDICAL CENTER PROPERTY FREE AND CLEAR OF LIENS AND (B) REAL ESTATE BROKER'S COMMISSION; and the DECLARATION OF THOMAS W. TIFT, III IN SUPPORT OF MOTION FOR ORDER APPROVING (A) SALE OF SOUTHWEST ATLANTA MEDICAL CENTER PROPERTY FREE AND CLEAR OF LIENS, AND (B) REAL ESTATE BROKER'S COMMISSION; MEMORANDUM OF POINTS AND AUTHORITIES.  The hearing for the sale motion is calendared for December 17, 2012.

RECEIVER'S TENTH FEE APPLICATION TO THE COURT; FEE APPLICATIONS OF RECEIVER'S
COUNSELS, ALLEN MATKINS LLP, TRACHTENBERG RODES & FRIEDBERG LLP, FORMAN HOLT ELIADES & YOUNGMAN LLC
On November 16, 2012, the Receiver filed his NOTICE OF HEARING ON INTERIM APPLICATIONS FOR APPROVAL AND PAYMENT OF COMPENSATION TO RECEIVER AND HIS PROFESSIONALS, and his TENTH INTERIM FEE APPLICATION OF THOMAS SEAMAN, RECEIVER  with the Court. The fee application details work performed by the Receiver from February 1, 2012, through April 30, 2012.  The Receiver and his staff worked 1,661.4 hours executing the duties set forth in the Temporary Restraining Order and Order Appointing Receiver and subsequent orders of the Court.  The application is posted here with EXHIBIT A FEBRUARY TIMESLIPS, EXHIBIT A MARCH TIMESLIPS, and EXHIBIT A APRIL TIMESLIPS, which detail all fees sorted by task.  EXHIBIT B SUMMARY BY TIMEKEEPER summarizes fees by timekeeper.  EXHIBIT C SUMMARY BY TASK summarizes fees by type of task performed.  EXHIBIT D SUMMARY BY REFERENCED ASSET summarizes fees by asset type.  The Receiver seeks the [PROPOSED] ORDER ON TENTH INTERIM FEE APPLICATION OF THE RECEIVER to approve payment of 90% of the detailed fees of the Tenth Fee Application Period.  The hearing of this fee application is set for December 17, 2012, at 8:30 a.m.

On November 16, 2012, the Receiver's attorneys, Allen Matkins LLP, filed their TENTH INTERIM FEE APPLICATION OF ALLEN MATKINS LECK GAMBLE MALLORY & NATSIS LLP, COUNSEL TO THE RECEIVER with the Court.  The fee application details work performed by the attorneys from February 1, 2012, through April 30, 2012.  Filed with their application is the DECLARATION OF MICHAEL R. FARRELL IN SUPPORT OF TENTH INTERIM FEE APPLICATION OF ALLEN MATKINS LLP, COUNSEL TO THE RECEIVER which details work performed on behalf of the Receivership Estate.  The attorneys seek the [PROPOSED] ORDER ON TENTH INTERIM FEE APPLICATION OF ALLEN MATKINS LLP, COUNSEL TO THE RECEIVER authorizing the Receiver to pay 80% of the detailed fees and 100% of claimed costs.  The hearing of this fee application is set for December 17, 2012, at 8:30 a.m.

On November 16, 2012, the Receiver's attorneys, Trachtenberg Rodes & Friedberg LLP, filed with the Court their FEE APPLICATION OF TRACHTENBERG RODES & FRIEDBERG LLP, COUNSEL FOR RECEIVERSHIP ENTITY MEDICAL CAPITAL CORPORATION AND ITS AFFILIATES AND SUBSIDIARIES.  The fee application details work performed by the attorneys from October 1, 2009, through April 30, 2012.  Supporting the application is the DECLARATION OF LEONARD A. RODES IN SUPPORT OF FEE APPLICATION OF TRACHTENBERG RODES & FRIEDBERG LLP, COUNSEL FOR RECEIVERSHIP ENTITY MEDICAL CAPITAL CORPORATION AND ITS AFFILIATES AND SUBSIDIARIES.  The fee application and declaration summarize fees for work performed by the law firm during numerous fee application periods, but which were held back for payment until the end of the work performed on behalf of the receivership estate.  The application seeks the [PROPOSED] ORDER RE FEE APPLICATION OF TRACHTENBERG RODES & FRIEDBERG LLP, COUNSEL FOR RECEIVERSHIP ENTITY MEDICAL CAPITAL CORPORATION AND ITS AFFILIATES AND SUBSIDIARIES authorizing the Receiver to pay 100% of the holdover fees.  The hearing of this fee application is set for December 17, 2012, at 8:30 a.m.  

On November 16, 2012, the Receiver's attorneys, Forman Holt Eliades & Youngman LLC, filed their FIRST INTERIM FEE APPLICATION OF FORMAN HOLT ELIADES & YOUNGMAN LLC with the Court.  The fee application details work performed by the attorneys from January 1, 2011, through August 1, 2012.  Filed with their application is the DECLARATION OF HARRY M. GUTFLEISH, ESQ. IN SUPPORT OF FIRST INTERIM FEE APPLICATION OF FORMAN HOLT ELIADES & YOUNGMAN LLC which details work performed on behalf of the receivership estate.  The attorneys seek the [PROPOSED] ORDER ON FIRST INTERIM FEE APPLICATION OF FORMAN HOLT ELIADES & YOUNGMAN LLC authorizing the Receiver to pay 100% of the detailed fees and 100% of claimed costs.  The hearing of this fee application is set for December 17, 2012, at 8:30 a.m.

RECEIVER’S FORTIETH STATUS REPORT
On November 12, 2012, the Receiver filed the RECEIVER'S FORTIETH REPORT TO THE COURT
in accordance with the Court’s order to provide monthly status reports. Items discussed in this Status Report include a summary of the Receiver’s actions over the past month, an inventory of key assets of the receivership and an accounting as of October 31, 2012.

SECURITIES AMERICA AGREEMENT RELATED TO THIRD PARTY RECOVERIES FORM
Securities America and the Receiver have entered into a confidentiality agreement with respect to information requested in the THIRD PARTY RECOVERIES FORM regarding recoveries from claims against Securities America.  Based on the Receiver’s agreement to maintain the confidentiality of such information, Securities America has agreed that providing the information requested in the questionnaire to the Receiver for the purposes of receiving a plan distribution will not be considered a violation of the confidentiality provision in settlement agreements between claimants and Securities America.
 
THIRD PARTY RECOVERIES FORM; DATE TO SUBMIT FORM EXTENDED TO NOV. 15, 2012
Due to delays in mail delivery as well as the current weather conditions on the East Coast, the deadline for returning the THIRD PARTY RECOVERIES FORM has been extended to November 15, 2012.
 
STIPULATION TO CONTINUE HEARING ON MOTION TO APPROVE TRUSTEE SETTLEMENTS TO DECEMBER 4, 2012, AND PERMITTING NOTEHOLDER PLAINTIFFS TO FILE SURREPLY
To All Noteholders and Creditors of the Receivership Estate of Medical Capital Holdings Inc., Medical Capital Corporation, and Their Subsidiaries:

The Receiver, Thomas A. Seaman, hereby provides you with notice of a modification to the briefing schedule and hearing date for the Receiver’s Motion for Approval of Settlement with Wells Fargo Bank and Bank of New York Mellon (the “Approval Motion”). The Receiver has entered into a stipulation with the Plaintiffs in the class and mass Noteholder actions, Wells Fargo Bank, and Bank of New York Mellon that allows the Plaintiffs to file a surreply in opposition to the Approval Motion and extends the hearing date of the Approval Motion and other motions filed by the parties.  The United States District Court in the Central District of California (the “Court”) has accepted the terms of the stipulation, with a modification to the requested hearing date, and issued an order setting the following new schedule:

* The surreply to the Approval Motion shall be due by October 19, 2012; and
* The Approval Motion shall be heard by the Court on December 4, 2012, at 4:30 p.m. 7:30 a.m.

A copy of the stipulation and the order granting the terms of the stipulation, as well as copies of the reply briefs filed by the Receiver and the Banks, can be obtained from the Receiver’s website, www.medicalcapitalreceivership.com.  If you have any problems with viewing or printing the stipulation or proposed order, please email mail@medicalcapitalreceivership.com.
The documents referenced above are as follows:
    • RECEIVER’S REPLY MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF RECEIVER’S MOTION FOR APPROVAL OF SETTLEMENT WITH WELLS FARGO AND BANK OF NEW YORK MELLON
    • RECEIVER’S OMNIBUS RESPONSE TO NOTEHOLDER OBJECTIONS
    • REPLY MEMORANDUM OF POINTS AND AUTHORITIES OF THE BANK OF NEW YORK MELLON IN SUPPORT OF RECEIVER’S MOTION FOR APPROVAL OF SETTLEMENT WITH TRUSTEES
    • WELLS FARGO BANK, N.A.’S REPLY IN SUPPORT OF THE RECEIVER’S MOTION FOR APPROVAL OF SETTLEMENT WITH WELLS FARGO AND BANK OF NEW YORK MELLON
    • STIPULATION TO (1) PERMIT NOTEHOLDERS TO FILE SURREPLY IN OPPOSITION TO RECEIVER’S MOTION FOR APPROVAL OF SETTLEMENT AND (2) CONTINUE HEARINGS
    • ORDER: (1) PERMITTING NOTEHOLDERS TO FILE SURREPLY IN OPPOSITION TO RECEIVER’S MOTION FOR APPROVAL OF SETTLEMENT AND (2) CONTINUING HEARING ON MOTIONS
RECEIVER’S THIRTY-NINTH STATUS REPORT
On October 10, 2012, the Receiver filed the RECEIVER'S THIRTY-NINTH REPORT TO THE COURT
in accordance with the Court’s order to provide monthly status reports. Items discussed in this Status Report include a summary of the Receiver’s actions over the past month, an inventory of key assets of the receivership and an accounting as of September 30, 2012.
 
RECEIVER'S AMENDED PLAN OF DISTRIBUTION
On September 27, 2012, the Receiver filed with the Court the RECEIVER'S AMENDED PLAN OF DISTRIBUTION.  Also filed is the NOTICE OF FILING OF [PROPOSED] ORDER APPROVING RECEIVER'S AMENDED PLAN OF DISTRIBUTION AND AUTHORIZING FIRST INTERIM DISTRIBUTION (REDLINED VERSION ATTACHED AS EXHIBIT 2).
 
RECEIVER’S THIRTY-EIGHTH STATUS REPORT
On September 11, 2012, the Receiver filed the RECEIVER'S THIRTY-EIGHTH REPORT TO THE COURT in accordance with the Court’s order to provide monthly status reports. Items discussed in this Status Report include a summary of the Receiver’s actions over the past month, an inventory of key assets of the receivership and an accounting as of August 31, 2012. 
 
SALE OF NHBC ASSETS FOR $7.05 MILLION APPROVED BY THE COURT
On September 10, 2012, the Court held a hearing and auction of the assets of NHBC.  The purchase price of $7.05 million was approved by the Court and is scheduled to close in the next few weeks.  After the hearing, the Court entered its ORDER APPROVING (1) SALE OF ASSETS OF NATIONAL HEALTH BENEFITS CORPORATION AND (2) PAYMENT OF BROKER'S COMMISSION.
 
HEARING ON RECEIVER’S PROPOSED DISTRIBUTION PLAN CONTINUED TO WEDNESDAY, SEPTEMBER 19, 2012
On September 10, 2012, Judge Carter began taking oral arguments regarding the Receiver’s proposed distribution plan.  However, the hearing was not concluded and will continue on Wednesday, September 19, 2012.  The hearing will be held at 1:30 pm.
 
NOTICE OF RECEIPT OF QUALIFIED OVERBIDS FOR PROPOSED SALE OF ASSETS OF NATIONAL HEALTH BENEFITS CORPORATION
On September, 4, 2012, the Receiver filed with the Court his NOTICE OF RECEIPT OF QUALIFIED OVERBIDS FOR PROPOSED SALE OF ASSETS OF NATIONAL HEALTH BENEFITS CORPORATION.  The notice discusses two qualified overbids for the proposed sale of assets of NHBC.  All bids are calendared to be heard by the Court on September 10, 2012.
 
RECEIVER’S REPLY TO RESPONSES AND OPPOSITIONS TO MOTION FOR ORDER APPROVING RECEIVER’S PROPOSED DISTRIBUTION PLAN
On August 27, 2012, the Receiver filed his REPLY TO RESPONSES AND OPPOSITIONS TO MOTION FOR ORDER APPROVING RECEIVER’S PROPOSED DISTRIBUTION PLAN AND AUTHORIZING FIRST INTERIM DISTRIBUTION.  The proposed hearing date is September 10, 2012.
 
RECEIVER’S THIRTY-SEVENTH STATUS REPORT
On August 10, 2012, the Receiver filed the RECEIVER'S THIRTY-SEVENTH REPORT TO THE COURT in accordance with the Court’s order to provide monthly status reports. Items discussed in this Status Report include a summary of the Receiver’s actions over the past month, an inventory of key assets of the receivership and an accounting as of July 31, 2012.

RECEIVER’S PROPOSED DISTRIBUTION PLAN; MOTION FOR ORDER TO APPROVE PLAN AND AUTHORIZE FIRST INTERIM DISTRIBUTION
On August 3, 2012, the Receiver filed his NOTICE OF MOTION AND MOTION FOR ORDER APPROVING RECEIVER’S PROPOSED DISTRIBUTION PLAN AND AUTHORIZING FIRST INTERIM DISTRIBUTION.  The motion is supported by the RECEIVER’S PROPOSED PLAN OF DISTRIBUTION; and the DECLARATION OF THOMAS A. SEAMAN IN SUPPORT OF MOTION FOR ORDER APPROVING RECEIVER’S PROPOSED PLAN OF DISTRIBUTION.  The motion is calendared to be heard before Judge Carter on September 10, 2012.

NHBC: MOTION FOR ORDER APPROVING SALE OF ASSETS OF NHBC
On August 3, 2012, the Receiver filed his EX PARTE APPLICATION FOR APPROVAL OF OVERBID PROCEDURES AND NOTICE OF SALE OF ASSETS OF NATIONAL HEALTH BENEFITS CORPORATION.  He also filed his NOTICE OF MOTION AND MOTION FOR ORDER APPROVING (1) SALE OF ASSETS OF NATIONAL HEALTH BENEFITS CORPORATION AND (2) PAYMENT OF BROKER'S COMMISSION; MEMORANDUM OF POINTS AND AUTHORITIES; supported by the DECLARATION OF THOMAS A. SEAMAN IN SUPPORT OF MOTION FOR ORDER APPROVING (1) SALE OF ASSETS OF NATIONAL HEALTH BENEFITS CORPORATION AND (2) PAYMENT OF BROKER’S COMMISSION; and, the DECLARATION OF ANDY PETERS IN SUPPORT OF MOTION FOR ORDER APPROVING (1) SALE OF ASSETS OF NATIONAL HEALTH BENEFITS CORPORATION AND (2) PAYMENT OF BROKER’S COMMISSION.  The motion is calendared to be heard by Judge Carter on September 10, 2012.

MODIFICATION TO THE BRIEFING SCHEDULE AND HEARING DATE FOR THE RECEIVER’S MOTION FOR APPROVAL OF SETTLEMENT WITH WELLS FARGO BANK AND BANK OF NEW YORK MELLON

On July 25, 2012, the Receiver, Thomas A. Seaman, provided his NOTICE TO NOTEHOLDERS RE STIPULATION regarding a modification to the briefing schedule and hearing date for the Receiver’s Motion for Approval of Settlement with Wells Fargo Bank and Bank of New York Mellon (the “Approval Motion”).  The stipulation is outlined in the filing of July 24, 2012, entitled, NOTICE OF STIPULATION AND PROPOSED ORDER FILED IN RELATED PROCEEDING.  The ORDER RE STAY OF DISCOVERY AND PROCEEDINGS IN “NOTEHOLDER ACTIONS” PENDING COMPLETION OF MEDIATION AND MODIFICATION OF PRE-TRIAL AND TRIAL SCHEDULING ORDER was entered by Judge Carter.  The approval motion shall now be heard by the Court on October 15, 2012.

RECEIVER’S THIRTY-SIXTH STATUS REPORT
On July 10, 2012, the Receiver filed the RECEIVER'S THIRTY-SIXTH REPORT TO THE COURT in accordance with the Court’s order to provide monthly status reports. Items discussed in this Status Report include a summary of the Receiver’s actions over the past month, an inventory of key assets of the receivership and an accounting as of June 30, 2012.

ORDER ON RECEIVER'S REPORT ON THE STATUS OF CLAIMS
On June 4, 2012, Judge Carter entered his ORDER ON RECEIVER'S REPORT ON THE STATUS OF CLAIMS AND REQUEST TO DETERMINE OUTSTANDING UNRESOLVED CLAIMS AND APPROVE MIMO CLAIM APPROACH.  The order references the Receiver's filings from May 9, 2012, listed below.  Those filings included the list of noteholder claims entitled, EXHIBIT 1 TO DECLARATION OF THOMAS SEAMAN IN SUPPORT OF REPORT ON THE STATUS OF CLAIMS AND REQUEST TO DETERMINE OUTSTANDING UNRESOLVED CLAIMS AND APPROVE MIMO CLAIM APPROACH.

MOTION FOR APPROVAL OF SETTLEMENT WITH WELLS FARGO BANK AND BANK OF NEW YORK MELLON

The Receiver has reached settlements with Wells Fargo Bank, N.A., (“Wells Fargo”) and Bank of New York Mellon (“BNYM”), who served as indenture trustees for certain Med Cap entities from which you purchased notes. Wells Fargo and BNYM have agreed to pay a combined total of $106 million to the receivership estate and release claims against the receivership estate that could ultimately total more than $50 million.  The settlements will double the amount of funds available for distribution to Noteholders.  The Receiver believes the settlements are in the best interests of the Noteholders and the receivership estate.  

If you wish to object to the settlements, please file your objection with the Court by July 23, 2012 and provide a copy to the Receiver at 3 Park Plaza, Suite 550, Irvine, California 92614.

The hearing to approve the settlements will be held on August 27, 2012 at 3:00 p.m.

Please refer to the following documents filed by the Receiver yesterday for the complete terms and conditions of the settlement agreements.


  • RECEIVER'S NOTICE OF MOTION AND MOTION FOR APPROVAL OF SETTLEMENT WITH WELLS FARGO AND BANK OF NEW YORK MELLON
  • MEMORANDUM OF POINT AND AUTHORITIES IN SUPPORT OF THE RECEIVER'S MOTION FOR APPROVAL OF SETTLEMENT WITH WELLS FARGO AND BANK OF NEW YORK MELLON
  • DECLARATION OF THOMAS A. SEAMAN IN SUPPORT OF THE RECEIVER'S MOTION FOR APPROVAL OF SETTLEMENT WITH WELLS FARGO AND BANK OF NEW YORK MELLON
  • DECLARATION OF FRANK A. CIALONE IN SUPPORT OF THE RECEIVER'S MOTION FOR APPROVAL OF SETTLEMENT WITH WELLS FARGO AND BANK OF NEW YORK MELLON
  • PROPOSED ORDER GRANTING RECEIVER'S MOTION FOR APPROVAL OF SETTLEMENT WITH WELLS FARGO AND BANK OF NEW YORK MELLON

RECEIVER’S THIRTY-FIFTH STATUS REPORT
On June 12, 2012, the Receiver filed the RECEIVER'S THIRTY-FIFTH REPORT TO THE COURT in accordance with the Court’s order to provide monthly status reports. Items discussed in this Status Report include a summary of the Receiver’s actions over the past month, an inventory of key assets of the receivership and an accounting as of May 31, 2012.

RECEIVER'S NINTH FEE APPLICATION TO THE COURT; FEE APPLICATIONS OF RECEIVER'S COUNSELS, ALLEN MATKINS LLP & TRACHTENBERG RODES & FRIEDBERG LLP
On June 11, 2012, the Receiver filed his NOTICE OF HEARING ON INTERIM APPLICATIONS FOR APPROVAL AND PAYMENT OF COMPENSATION TO RECEIVER AND HIS PROFESSIONALS, and his NINTH INTERIM FEE APPLICATION OF THOMAS SEAMAN, RECEIVER  with the Court. The fee application details work performed by the Receiver from November 1, 2011, through January 31, 2012.  The Receiver and his staff worked 2,006.9 hours executing the duties set forth in the Temporary Restraining Order and Order Appointing Receiver and subsequent orders of the Court.  The application is posted here with EXHIBIT A NOVEMBER TIMESLIPS, EXHIBIT A DECEMBER TIMESLIPS, and EXHIBIT A JANUARY TIMESLIPS, which detail all fees sorted by task.  EXHIBIT B SUMMARY BY TIMEKEEPER summarizes fees by timekeeper.  EXHIBIT C SUMMARY BY TASK summarizes fees by type of task performed.  EXHIBIT D SUMMARY BY REFERENCED ASSET summarizes fees by asset type.  The Receiver seeks the PROPOSED ORDER ON NINTH INTERIM FEE APPLICATION OF THE RECEIVER to approve payment of 90% of the detailed fees of the Ninth Fee Application Period.  The hearing of this fee application is set for July 9, 2012, at 8:30 a.m.

On June 11, 2012, the Receiver's attorneys, Allen Matkins LLP, filed their NINTH INTERIM FEE APPLICATION OF ALLEN MATKINS LECK GAMBLE MALLORY & NATSIS LLP, COUNSEL TO THE RECEIVER with the Court.  The fee application details work performed by the attorneys from November 1, 2011, through January 31, 2012.  Filed with their application is the DECLARATION OF MICHAEL R. FARRELL IN SUPPORT OF NINTH INTERIM FEE APPLICATION OF ALLEN MATKINS, which detail work performed on behalf of the Receivership Estate.  The attorneys seek the PROPOSED ORDER ON NINTH INTERIM FEE APPLICATION OF ALLEN MATKINS LLP authorizing the Receiver to pay 80% of the detailed fees and 100% of claimed costs.  The hearing of this fee application is set for July 9, 2012, at 8:30 a.m.

On June 11, 2012, the Receiver's attorneys, Trachtenberg Rodes & Friedberg LLP, filed with the Court their FIFTH INTERIM FEE APPLICATION OF TRACHTENBERG RODES & FRIEDBERG LLP, COUNSEL FOR RECEIVERSHIP ENTITY MEDICAL CAPITAL CORPORATION AND ITS AFFILIATES AND SUBSIDIARIES.  The fee application details work performed by the attorneys from December 1, 2011, through April 30, 2012.  Supporting the application is the DECLARATION OF LEONARD A. RODES IN SUPPORT OF FIFTH INTERIM FEE APPLICATION OF TRACHTENBERG RODES.  The fee application and declaration detail work performed by the law firm during the fifth fee application period, on behalf of the receivership estate, and seeks the PROPOSED ORDER ON FIFTH INTERIM FEE APPLICATION OF TRACHTENBERG RODES LLP authorizing the Receiver to pay 90% of the detailed fees and 100% of claimed costs.  The hearing of this fee application is set for July 9, 2012, at 8:30 a.m.  


NOTICE OF LODGING OF [PROPOSED] ORDER REGARDING RECEIVER'S REPORT ON THE STATUS OF CLAIMS; UNRESOLVED CLAIMS
On May 15, 2012, the Receiver filed with the Court his NOTICE OF LODGING OF [PROPOSED] ORDER ON RECEIVER'S REPORT ON THE STATUS OF CLAIMS AND REQUEST TO DETERMINE OUTSTANDING UNRESOLVED CLAIMS AND APPROVE MIMO CLAIM APPROACH.

RECEIVER’S THIRTY-FOURTH STATUS REPORT

On May 10, 2012, the Receiver filed the
RECEIVER'S THIRTY-FOURTH REPORT TO THE COURT in accordance with the Court’s order to provide monthly status reports. Items discussed in this Status Report include a summary of the Receiver’s actions over the past month, an inventory of key assets of the receivership and an accounting as of April 30, 2012.


RECEIVER'S REPORT ON THE STATUS OF CLAIMS AND REQUEST TO DETERMINE OUTSTANDING UNRESOLVED CLAIMS AND APPROVE MIMO (MONEY-IN, MONEY-OUT) CLAIM APPROACH
On May 9, 2012, the Receiver filed his RECEIVER'S REPORT ON THE STATUS OF CLAIMS AND REQUEST TO DETERMINE OUTSTANDING UNRESOLVED CLAIMS AND APPROVE MIMO (MONEY-IN, MONEY-OUT) CLAIM APPROACH. The report is supported by the DECLARATION OF THOMAS A. SEAMAN IN SUPPORT OF REPORT ON THE STATUS OF CLAIMS AND REQUEST TO DETERMINE OUTSTANDING UNRESOLVED CLAIMS AND APPROVE MIMO CLAIM APPROACH; and EXHIBIT 1 TO DECLARATION OF THOMAS SEAMAN IN SUPPORT OF REPORT ON THE STATUS OF CLAIMS AND REQUEST TO DETERMINE OUTSTANDING UNRESOLVED CLAIMS AND APPROVE MIMO CLAIM APPROACH; and EXHIBIT 2 TO DECLARATION OF THOMAS SEAMAN IN SUPPORT OF REPORT ON THE STATUS OF CLAIMS AND REQUEST TO DETERMINE OUTSTANDING UNRESOLVED CLAIMS AND APPROVE MIMO CLAIM APPROACH.  The hearing for this report has been calendared for May 11, 2012, at 3:00 p.m., in Judge Carter's courtroom.

STIPULATION REGARDING TURNOVER BY WELLS FARGO OF FUNDS IN MEDICAL CAPITAL DISBURSEMENT ACCOUNTS
On May 3, 2012, the Court entered its
ORDER REGARDING STIPULATION RE: TURNOVER OF FUNDS IN DISBURSEMENT ACCOUNTS TO RECEIVER.

MOTION TO EXPAND EMPLOYMENT OF SPECIAL NEW YORK COUNSEL (FORMAN HOLT ELIADES & RAVIN LLC)
On April 27, 2012, the Receiver filed with the Court his NOTICE OF MOTION AND MOTION TO EXPAND EMPLOYMENT OF SPECIAL NEW YORK COUNSEL (FORMAN HOLT ELIADES & RAVIN LLC); MEMORANDUM OF POINTS AND AUTHORITIES.  The motion is supported by the DECLARATION OF THOMAS A. SEAMAN IN SUPPORT OF MOTION TO EXPAND EMPLOYMENT OF SPECIAL NEW YORK COUNSEL (FORMAN HOLT ELIADES & RAVIN LLC).  The motion is calendared for June 4, 2012.

SHARTSIS FRIESE FEE APPLICATION APPROVED
On April 18, 2012, the Court filed its ORDER ON THIRD INTERIM FEE APPLICATION OF SHARTSIS FRIESE LLP, CONFLICTS COUNSEL TO THE RECEIVER, approving the fee application.

RECEIVER’S THIRTY-THIRD STATUS REPORT
On April 10, 2012, the Receiver filed the RECEIVER'S THIRTY-THIRD REPORT TO THE COURT in accordance with the Court’s order to provide monthly status reports. Items discussed in this Status Report include a summary of the Receiver’s actions over the past month, an inventory of key assets of the receivership and an accounting as of March 31, 2012.

AMENDED FEE APPLICATION OF RECEIVER'S COUNSEL, SHARTSIS FRIESE LLP
On March 27, 2012, the Receiver's attorneys, Shartsis Friese LLP, filed their AMENDED THIRD INTERIM FEE APPLICATION OF SHARTSIS FRIESE LLP, CONFLICTS COUNSEL TO THE RECEIVER; with the Court.  The fee application details work performed by the attorneys from May 1, 2011, through December 31, 2011.  Filed with their application is the DECLARATION OF FRANK A. CIALONE IN SUPPORT OF AMENDED THIRD INTERIM FEE APPLICATION OF SHARTSIS FRIESE LLP; posted here with EXHIBIT A, STATEMENT OF DETAILED FEES; which detail work performed on behalf of the Receivership Estate.  Also filed is the PROOF OF SERVICE.  The attorneys seek an order authorizing the Receiver to pay 80% of the detailed fees and 100% of claimed costs.  The hearing for this amended fee application is now calendared for May 7, 2012.  

RECEIVER'S EIGHTH FEE APPLICATION TO THE COURT
On March 21, 2012, the Receiver filed his NOTICE OF HEARING ON INTERIM APPLICATIONS FOR APPROVAL AND PAYMENT OF COMPENSATION TO RECEIVER AND HIS PROFESSIONALS, and his EIGHTH INTERIM FEE APPLICATION OF THOMAS SEAMAN, RECEIVER with the Court. The fee application details work performed by the Receiver from August 1, 2011, through October 31, 2011.  The Receiver and his staff worked 2,002 hours executing the duties set forth in the Temporary Restraining Order and Order Appointing Receiver and subsequent orders of the Court.  The application is posted here with EXHIBIT A TIMESLIPS, which detail all fees sorted by task.  EXHIBIT B SUMMARY BY TIMEKEEPER summarizes fees by timekeeper.  EXHIBIT C SUMMARY BY TASK summarizes fees by type of task performed.  EXHIBIT D SUMMARY BY REFERENCED ASSET summarizes fees by asset type.  The Receiver seeks an order to approve payment of 90% of the detailed fees of the Eighth Fee Application Period.  The hearing of this fee application is set for May 7, 2012, at 8:30 a.m.

FEE APPLICATION OF RECEIVER'S COUNSEL, ALLEN MATKINS LLP
On March 21, 2012, the Receiver's attorneys, Allen Matkins LLP, filed their EIGHTH INTERIM FEE APPLICATION OF ALLEN MATKINS LECK GAMBLE MALLORY & NATSIS LLP, COUNSEL TO THE RECEIVER with the Court.  The fee application details work performed by the attorneys from August 1, 2011, through October 31, 2011.  Filed with their application is the DECLARATION OF MICHAEL R. FARRELL IN SUPPORT OF EIGHTH INTERIM FEE APPLICATION OF ALLEN MATKINS, posted here with EXHIBIT A TO FARRELL DECLARATION, which detail work performed on behalf of the Receivership Estate.  The attorneys seek an order authorizing the Receiver to pay 80% of the detailed fees and 100% of claimed costs.  The hearing of this fee application is set for May 7, 2012, at 8:30 a.m.

FEE APPLICATIONS OF RECEIVER'S COUNSEL, SHARTSIS FRIESE LLP
On March 19, 2012, the Receiver's attorneys, Shartsis Friese LLP, filed their THIRD INTERIM FEE APPLICATION OF SHARTSIS FRIESE LLP, CONFLICTS COUNSEL TO THE RECEIVER; with the Court.  The fee application details work performed by the attorneys from May 1, 2011, through December 31, 2011.  Filed with their application is the DECLARATION OF FRANK A. CIALONE IN SUPPORT OF THIRD INTERIM FEE APPLICATION OF SHARTSIS FRIESE LLP; posted here with EXHIBIT A, STATEMENT OF DETAILED FEES; which detail work performed on behalf of the Receivership Estate.  The attorneys seek an order authorizing the Receiver to pay 80% of the detailed fees and 100% of claimed costs.  The hearing for this fee application is calendared for April 23, 2012. 

ORDERS REGARDING RECEIVER’S OMNIBUS OBJECTIONS TO EMPLOYEE AND TRADE CREDITOR CLAIMS
On March 15, 2012, Judge Carter filed his ORDER ON RECEIVER’S AMENDED OMNIBUS OBJECTIONS TO EMPLOYEE CLAIMS, and his ORDER ON RECEIVER’S AMENDED OMNIBUS OBJECTION TO TRADE CREDITOR CLAIMS. 

RECEIVER’S THIRTY-SECOND STATUS REPORT
On March 12, 2012, the Receiver filed the RECEIVER'S THIRTY-SECOND REPORT TO THE COURT in accordance with the Court’s order to provide monthly status reports. Items discussed in this Status Report include a summary of the Receiver’s actions over the past month, an inventory of key assets of the receivership and an accounting as of February 29, 2012.

RECEIVER’S REPLY TO WELLS FARGO BANK’S RESPONSE TO RECEIVER’S OBJECTIONS TO NOTEHOLDER CLAIMS
On February 27, 2012, the Receiver filed his RECEIVER’S REPLY TO WELLS FARGO BANK, N.A.’S RESPONSE TO RECEIVER’S OBJECTIONS TO THE NOTEHOLDER CLAIMS SUBMITTED BY WELLS FARGO BANK, N.A. ON BEHALF OF NOTEHOLDERS.

RECEIVER’S REPLY IN SUPPORT OF OBJECTIONS TO EMPLOYEE, TRADE CREDITOR, AND NOTEHOLDER CLAIMS
On February 27, 2012, the Receiver filed his RECEIVER’S REPLY IN SUPPORT OF OMNIBUS OBJECTION TO EMPLOYEE CLAIMS; and the RECEIVER’S REPLY IN SUPPORT OF OMNIBUS OBJECTION TO TRADE CREDITOR CLAIMS; and, the RECEIVER’S REPLY TO OPPOSITIONS/RESPONSES TO RECEIVER’S OMNIBUS OBJECTION TO NOTEHOLDER CLAIMS.

On February 28, 2012, the Receiver filed his SUPPLEMENTAL DECLARATION OF THOMAS A. SEAMAN IN SUPPORT OF OBJECTIONS TO TRADE CREDITOR, EMPLOYEE AND NOTEHOLDER CLAIMS.  The declaration is supported by EXHIBIT A, NOTEHOLDER CLAIMS NO LONGER CONTESTED; EXHIBIT B, NOTEHOLDER CLAIMS ON WHICH THE COURT IS REQUESTED TO RULE; EXHIBIT C, NOTEHOLDER CLAIMS ON WHICH RESOLUTION IS DEFERRED; and EXHIBITS D THROUGH J (Receiver’s Objections to Trade Creditor Claims; Receiver’s Objections to Employee Claims; and other documents).

PARKWAY HOSPITAL; ORDER APPROVING OVERBID PROCEDURES AND NOTICE OF SALE OF LOAN
On February 15, 2012, Judge Carter filed his ORDER APPROVING OVERBID PROCEDURES AND NOTICE OF SALE OF LOAN MADE TO THE PARKWAY HOSPITAL, INC. AND PARKWAY ACQUISITION I, LLC. 

RECEIVER’S THIRTY-FIRST STATUS REPORT
On February 10, 2012, the Receiver filed the RECEIVER'S THIRTY-FIRST REPORT TO THE COURT in accordance with the Court’s order to provide monthly status reports. Items discussed in this Status Report include a summary of the Receiver’s actions over the past month, an inventory of key assets of the receivership and an accounting as of January 31, 2012.

PARKWAY HOSPITAL; EX PARTE APPLICATION TO APPROVE OVERBID PROCEDURES; MOTION TO APPROVE SALE
On February 3, 2012, the Receiver filed his EX PARTE APPLICATION FOR APPROVAL OF OVERBID PROCEDURES AND NOTICE OF SALE OF LOAN MADE TO THE PARKWAY HOSPITAL, INC. AND PARKWAY ACQUISITION I, LLC.  Also filed with the Ex Parte Application was the NOTICE OF MOTION AND MOTION FOR APPROVAL OF (A) SALE OF LOAN MADE TO THE PARKWAY HOSPITAL, INC. AND PARKWAY ACQUISITION I, LLC, AND (B) PAYMENT OF BROKER’S COMMISSION; MEMORANDUM OF POINTS AND AUTHORITIES; which is supported by the DECLARATION OF THOMAS A. SEAMAN IN SUPPORT OF MOTION FOR APPROVAL OF (A) SALE OF LOAN MADE TO THE PARKWAY HOSPITAL, INC. AND PARKWAY ACQUISITION I, LLC, AND (B) PAYMENT OF BROKER’S COMMISSION; and the DECLARATION OF KENNETH R. ENOS IN SUPPORT OF MOTION FOR APPROVAL OF (A) SALE OF LOAN MADE TO THE PARKWAY HOSPITAL, INC. AND PARKWAY ACQUISITION I, LLC, AND (B) PAYMENT OF BROKER’S COMMISSION.  The hearing before Judge Carter is calendared for March 5, 2012.

RECEIVER'S SEVENTH FEE APPLICATION TO THE COURT
On January 13, 2012, the Receiver filed his NOTICE OF HEARING ON INTERIM APPLICATIONS FOR APPROVAL AND PAYMENT OF COMPENSATION TO RECEIVER AND HIS PROFESSIONALS, and his SEVENTH INTERIM FEE APPLICATION OF THOMAS SEAMAN, RECEIVER with the Court. The fee application details work performed by the Receiver from May 1, 2011, through July 31, 2011.  The Receiver and his staff worked 1,857.9 hours executing the duties set forth in the Temporary Restraining Order and Order Appointing Receiver and subsequent orders of the Court.  The application is posted here with EXHIBIT A TIMESLIPS MAY, EXHIBIT A TIMESLIPS JUNE, and EXHIBIT A TIMESLIPS JULY, which detail all fees sorted by task.  EXHIBIT B SUMMARY BY TIMEKEEPER summarizes fees by timekeeper.  EXHIBIT C SUMMARY BY TASK summarizes fees by type of task performed.  EXHIBIT D SUMMARY BY REFERENCED ASSET summarizes fees by asset type.  The Receiver also filed his [PROPOSED] ORDER ON SEVENTH INTERIM FEE APPLICATION OF THOMAS SEAMAN, RECEIVER which seeks an order to approve payment of 90% of the detailed fees of the Seventh Fee Application Period.  The hearing of this fee application is set for February 13, 2012, at 8:30 a.m.

FEE APPLICATIONS OF RECEIVER'S COUNSELS; ALLEN MATKINS LLP; TRACHTENBERG RODES & FRIEDBERG LLP; AND BROOKS BAUER LLP
On January 13, 2012, the Receiver's attorneys, Allen Matkins LLP, filed their SEVENTH INTERIM FEE APPLICATION OF ALLEN MATKINS LECK GAMBLE MALLORY & NATSIS LLP, COUNSEL TO THE RECEIVER with the Court.  The fee application details work performed by the attorneys from May 1, 2011, through July 31, 2011.  Filed with their application is the DECLARATION OF MICHAEL R. FARRELL IN SUPPORT OF SEVENTH INTERIM FEE APPLICATION OF ALLEN MATKINS, posted here with EXHIBIT A PART 1 TO FARRELL DECLARATION; and EXHIBIT A PART 2, which detail work performed on behalf of the Receivership Estate.  Also filed is the [PROPOSED] ORDER ON SEVENTH INTERIM FEE APPLICATION OF ALLEN MATKINS authorizing the Receiver to pay 80% of the detailed fees and 100% of claimed costs.
 
On January 13, 2012, the Receiver's attorneys, Trachtenberg Rodes & Friedberg LLP, filed with the Court their FOURTH INTERIM FEE APPLICATION OF TRACHTENBERG RODES & FRIEDBERG LLP, COUNSEL FOR RECEIVERSHIP ENTITY MEDICAL CAPITAL CORPORATION AND ITS AFFILIATES AND SUBSIDIARIES.  The fee application details work performed by the attorneys from June 1, 2011, through November 30, 2011.  Supporting the application is the DECLARATION OF LEONARD A. RODES IN SUPPORT OF FOURTH INTERIM FEE APPLICATION OF TRACHTENBERG RODES.  The fee application and declaration detail work performed by the law firm during the fourth fee application period, on behalf of the receivership estate, and seeks an order authorizing the Receiver to pay 90% of the detailed fees and 100% of claimed costs. 

On January 13, 2012, the Receiver's attorneys, Brooks Bauer LLP, filed with the Court their FIRST AND FINAL FEE APPLICATION OF BROOKS BAUER LLP FOR RECEIVERSHIP ENTITY MEDICAL CAPITAL PROVIDER FINANCIAL CORPORATION III.  The fee application details work performed by the attorneys from October 1, 2010, through November 30, 2011, on behalf of the receivership estate in the prosecution of a lawsuit.  The application seeks an order authorizing the Receiver to pay 100% of the detailed fees and 100% of claimed costs.  The hearing of these fee applications is set for February 13, 2012, at 8:30 a.m.

RECEIVER’S THIRTIETH STATUS REPORT
On January 10, 2012, the Receiver filed the
RECEIVER'S THIRTIETH REPORT TO THE COURT in accordance with the Court’s order to provide monthly status reports. Items discussed in this Status Report include a summary of the Receiver’s actions over the past month, an inventory of key assets of the receivership and an accounting as of December 31, 2011.

ORDER APPROVING RECEIVER'S EX PARTE APPLICATION FOR EXTENSION OF PERIOD TO FILE EVIDENTIARY SUPPORT FOR CLAIMS, AND SETTING FURTHER BRIEFING AND HEARING SCHEDULE
On December 21, 2011, the Court granted the Receiver's Application For An Extension Of Period To File Evidentiary Support For Claims, And Briefing And Hearing Schedules.  Any objections by potential claimants need to be filed and served by January 30, 2012.  Please refer to the ORDER APPROVING RECEIVER'S EX PARTE APPLICATION FOR EXTENSION OF PERIOD TO FILE EVIDENTIARY SUPPORT FOR CLAIMS, AND SETTING FURTHER BRIEFING AND HEARING SCHEDULE for specific dates.

RECEIVER’S FORENSIC ACCOUNTING REPORT
On December 20, 2011, the Receiver filed with the Court the RECEIVER’S FORENSIC ACCOUNTING REPORT of the receivership entities; posted here as
FORENSIC ACCOUNTING PART 1, FORENSIC ACCOUNTING PART 2, FORENSIC ACCOUNTING PART 3 and FORENSIC ACCOUNTING EXHIBITS A THROUGH E.  (Warning:  The forensic accounting reports listed above are large files that take up to a minute to download, so please be patient.  Opening the documents into your web browser takes an inordinate amount of time, therefore, it is recommended that you right-click on each of the links and save the pdfs to your computer for review.  Thank you.)

RECEIVER'S EX PARTE APPLICATION FOR EXTENSION OF PERIOD TO FILE EVIDENTIARY SUPPORT FOR CLAIMS, AND SETTING FURTHER BRIEFING AND HEARING SCHEDULE
On December 19, 2011, the Receiver filed his RECEIVER'S EX PARTE APPLICATION FOR EXTENSION OF PERIOD TO FILE EVIDENTIARY SUPPORT FOR CLAIMS, AND SETTING FURTHER BRIEFING AND HEARING SCHEDULE. 

RECEIVER’S TWENTY-NINTH STATUS REPORT
On December 12, 2011, the Receiver filed the
RECEIVER'S TWENTY-NINTH REPORT TO THE COURT in accordance with the Court’s order to provide monthly status reports. Items discussed in this Status Report include a summary of the Receiver’s actions over the past month, an inventory of key assets of the receivership and an accounting as of November 30, 2011.

RECEIVER’S OMNIBUS OBJECTIONS TO CLAIMS OF EMPLOYEES, TRADE CREDITORS AND NOTEHOLDERS; RECEIVER’S DECLARATION AND PROPOSED PLAN OF DISTRIBUTION
On November 28, 2011, the Receiver filed the DECLARATION OF THOMAS A. SEAMAN IN SUPPORT OF OBJECTIONS TO CLAIMS with the exhibit of the RECEIVER’S PROPOSED PLAN OF DISTRIBUTION; the RECEIVER’S AMENDED OMNIBUS OBJECTION TO EMPLOYEE CLAIMS with EXHIBIT A EMPLOYEE CLAIMS; the RECEIVER’S AMENDED OMNIBUS OBJECTION TO TRADE CREDITOR CLAIMS with EXHIBIT A CREDITOR CLAIMS; RECEIVER’S AMENDED OMNIBUS OBJECTION TO NOTEHOLDER CLAIMS, with EXHIBIT A NOTEHOLDER CLAIMS CONTESTED, EXHIBIT B NOTEHOLDER CLAIMS UNCONTESTED and EXHIBIT C NOTEHOLDER CLAIMS BROKERS/NOTEHOLDERS.

•    DECLARATION OF THOMAS A. SEAMAN IN SUPPORT OF OBJECTIONS TO CLAIMS
•    RECEIVER’S PROPOSED PLAN OF DISTRIBUTION
•    RECEIVER’S AMENDED OMNIBUS OBJECTION TO EMPLOYEE CLAIMS
•    EXHIBIT A EMPLOYEE CLAIMS
•    RECEIVER’S AMENDED OMNIBUS OBJECTION TO TRADE CREDITOR CLAIMS
•    EXHIBIT A TRADE CREDITOR CLAIMS

ATTENTION NOTEHOLDERS:
            The Amended Receiver's Omnibus Objection to Noteholder Claims posted below corrects and clarifies the prior objection sent to you on November 28th.  Specifically it corrects the hearing date on the front page to reflect that the hearing will take place January 23, 2012, not 2011.  In addition, any opposition to the Receiver's proposed methodology for calculating claims on a net basis must be filed with the Court and served on the Receiver's counsel* by December 30, 2011.  Your net claim amount is reflected on the attachment mailed to you under the heading "Payoff Amt."  The claim amount is also listed in Exhibit A (Contested), B (Uncontested) or C (Broker/Noteholders) to the Amended Receiver's Omnibus Objection to Noteholder Claims posted below in the column titled "Proposed Allowed Claim Amount."  Those Noteholders who have contested the amounts listed on the claim information form will receive detailed information supporting the Receiver's calculation and must respond within 30 days of receipt.

            If you do not object to the Receiver's proposed method of calculating Noteholder claims and you do not dispute the numbers on your claim information form, you do not need to take any action in response to the Amended Receiver's Omnibus Objection to Noteholder Claims.  If you object to the Receiver's proposal to calculate claims generally on a net basis, you must file your objection with the Court and serve the Receiver's attorneys by December 30, 2011.

            If you dispute your individual claim calculation, i.e. dispute the amount of interest or principal the Receiver contends you have received, you must respond to the Receiver's letter and detailed information within 30 days of receipt.  You do not need to file that response regarding your individual claim calculation with the Court, simply mail it to the Receiver's office.


*The Receiver's Counsel may be served by mail addressed to:

ALLEN MATKINS LECK GAMBLE MALLORY & NATSIS
515 South Figueroa Street, 9th Floor
Los Angeles, CA 90071-3309
Attn: Loraine L Pedowitz

•    RECEIVER’S AMENDED OMNIBUS OBJECTION TO NOTEHOLDER CLAIMS
•    EXHIBIT A NOTEHOLDER CLAIMS CONTESTED
•    EXHIBIT B NOTEHOLDER CLAIMS UNCONTESTED
•    EXHIBIT C NOTEHOLDER CLAIMS BROKERS/NOTEHOLDERS 


RECEIVER’S TWENTY-EIGHTH STATUS REPORT
On November 10, 2011, the Receiver filed the RECEIVER'S TWENTY-EIGHTH REPORT TO THE COURT in accordance with the Court’s order to provide monthly status reports. Items discussed in this Status Report include a summary of the Receiver’s actions over the past month, an inventory of key assets of the receivership and an accounting as of October 31, 2011.


RECEIVER’S EX PARTE APPLICATION FOR TWO-WEEK EXTENSION OF TIME TO FILE OBJECTIONS TO CLAIMS
On November 9, 2011, the Receiver filed his RECEIVER’S EX PARTE APPLICATION FOR TWO-WEEK EXTENSION OF TIME TO FILE OBJECTIONS TO CLAIMS.

AMENDED ORDER APPROVING RECEIVER’S EX PARTE APPLICATION FOR EXTENSION OF PERIOD TO FILE OBJECTIONS TO CLAIMS
On October 11, 2011, the Judge Carter granted the AMENDED ORDER APPROVING RECEIVER’S EX PARTE APPLICATION FOR EXTENSION OF PERIOD TO FILE OBJECTIONS TO CLAIMS.  The Receiver shall file and serve all objections to claims no later than November 14, 2011.

RECEIVER’S TWENTY-SEVENTH STATUS REPORT
On October 11, 2011, the Receiver filed the RECEIVER'S TWENTY-SEVENTH REPORT TO THE COURT in accordance with the Court’s order to provide monthly status reports. Items discussed in this Status Report include a summary of the Receiver’s actions over the past month, an inventory of key assets of the receivership and an accounting as of September 30, 2011.

NOTICE TO NOTE HOLDERS
The Receiver has become aware that one or more companies have contacted note holders and offered to purchase their claims in the Medical Capital receivership for about 10% of the claim amount.  PLEASE NOTE that the Receiver does not endorse or approve these companies or any others that may solicit you, nor does the Receiver endorse or approve any of the statements and/or representations contained in these solicitations.  Moreover, the Receiver believes that any current estimate of the ultimate recovery to note holders is premature and completely speculative because (1) there are many unknown factors that may significantly impact the amount of money the Receiver ultimately recovers for the estate, and (2) the claims process, which will determine the total amount of allowed claims against the estate, is not yet complete.   Until these issues are resolved, the Receiver believes there is no reasonable basis to predict the percentage of recovery each note holder might obtain.  Therefore, the Receiver recommends that all note holders exercise caution in assessing these and any similar solicitations.

RECEIVER’S EX PARTE APPLICATION FOR EXTENSION OF PERIOD TO FILE OBJECTIONS TO CLAIMS
On October 7, 2011, the Receiver filed his RECEIVER’S EX PARTE APPLICATION FOR EXTENSION OF PERIOD TO FILE OBJECTIONS TO CLAIMS.

RECEIVER'S TWENTY-SIXTH STATUS REPORT

On September 12, 2011, the Receiver filed the RECEIVER'S TWENTY-SIXTH REPORT TO THE COURT 
in accordance with the Court's order to provide monthly status reports. Items discussed in this Status Report include a summary of the Receiver's actions over the past month, an inventory of key assets of the receivership and an accounting as of August 31, 2011.

MOTION FOR APPROVAL OF SETTLEMENT AGREEMENT WITH VINCENT A. MALLON
On August 19, 2011, the Receiver filed with the Court his NOTICE OF MOTION AND MOTION FOR APPROVAL OF SETTLEMENT AGREEMENT WITH VINCENT A. MALLON; MEMORANDUM OF POINTS AND AUTHORITIES along with an AMENDED NOTICE OF MOTION FOR APPROVAL OF SETTLEMENT AGREEMENT WITH VINCENT A. MALLON.  Filed with the motion is the DECLARATION OF THOMAS A. SEAMAN IN SUPPORT OF MOTION FOR APPROVAL OF SETTLEMENT AGREEMENT WITH VINCENT A. MALLON.  The hearing for this motion was originally calendared for September 12, 2011, but has been rescheduled for September 19, 2011, at 8:30 am.

FEE APPLICATIONS OF RECEIVER'S COUNSELS; ALLEN MATKINS LLP; TRACHTENBERG RODES & FRIEDBERG LLP

On August 12, 2011, the Receiver's attorneys, Allen Matkins LLP, filed their SIXTH INTERIM FEE APPLICATION OF ALLEN MATKINS LECK GAMBLE MALLORY & NATSIS LLP, COUNSEL TO THE RECEIVER with the Court.  The fee application details work performed by the attorneys from February 1, 2011, through April 30, 2011.  Filed with their application is the DECLARATION OF MICHAEL R. FARRELL IN SUPPORT OF SIXTH INTERIM FEE APPLICATION OF ALLEN MATKINS, posted here with EXHIBIT A PART 1 TO FARRELL DECLARATION; EXHIBIT A PART 2; EXHIBIT A PART 3; and EXHIBIT A PART 4, which detail work performed on behalf of the Receivership Estate.  Also filed is the [PROPOSED] ORDER ON SIXTH INTERIM FEE APPLICATION OF ALLEN MATKINS authorizing the Receiver to pay 80% of the detailed fees and 100% of claimed costs.
 
On August 12, 2011, the Receiver's attorneys, Trachtenberg Rodes & Friedberg LLP, filed with the Court their THIRD INTERIM FEE APPLICATION OF TRACHTENBERG RODES & FRIEDBERG LLP, COUNSEL FOR RECEIVERSHIP ENTITY MEDICAL CAPITAL CORPORATION AND ITS AFFILIATES AND SUBSIDIARIES.  Supporting the application is the DECLARATION OF LEONARD A. RODES IN SUPPORT OF THIRD INTERIM FEE APPLICATION OF TRACHTENBERG RODES.  The fee application and declaration detail work performed by the law firm during the third fee application period, on behalf of the receivership estate, and seeks an order authorizing the Receiver to pay 90% of the detailed fees and 100% of claimed costs.  Posted here is the [PROPOSED] ORDER ON THIRD INTERIM FEE APPLICATION OF TRACHTENBERG RODES & FRIEDBERG LLP.  The hearing of these fee applications is set for September 12, 2011, at 8:30 a.m.

RECEIVER'S SIXTH FEE APPLICATION TO THE COURT
On August 11, 2011, the Receiver filed his NOTICE OF HEARING ON INTERIM APPLICATIONS FOR APPROVAL AND PAYMENT OF COMPENSATION TO RECEIVER AND HIS PROFESSIONALS, and his SIXTH INTERIM FEE APPLICATION OF THOMAS SEAMAN, RECEIVER with the Court. The fee application details work performed by the Receiver from February 1, 2011, through April 30, 2011.  The Receiver and his staff worked 2,213.2 hours executing the duties set forth in the Temporary Restraining Order and Order Appointing Receiver and subsequent orders of the Court.  The application is posted here with EXHIBIT A PART 1, PART 2, PART 3, PART 4, PART 5, PART 6, PART 7, and PART 8, which detail all fees sorted by task.  EXHIBIT B TIMEKEEPER SUMMARY summarizes fees by timekeeper.  EXHIBIT C TASK SUMMARY summarizes fees by type of task performed.  EXHIBIT D REFERENCED ASSET SUMMARY summarizes fees by asset type.  The Receiver also filed his NOTICE OF LODGING [PROPOSED] ORDER ON SIXTH INTERIM FEE APPLICATION OF THOMAS SEAMAN, RECEIVER which seeks an order to approve payment of 90% of the detailed fees of the Sixth Fee Application Period.  The hearing of this fee application is set for September 12, 2011, at 8:30 a.m.

RECEIVER'S TWENTY-FIFTH STATUS REPORT
On August 10, 2011, the Receiver filed the RECEIVER'S TWENTY-FIFTH REPORT TO THE COURT
in accordance with the Court's order to provide monthly status reports. Items discussed in this Status Report include a summary of the Receiver's actions over the past month, an inventory of key assets of the receivership and an accounting as of July 31, 2011.

MOTION TO EXPAND EMPLOYMENT OF SPECIAL NEW YORK COUNSEL
On July 14, 2011, the Receiver filed his NOTICE OF MOTION AND MOTION TO EXPAND EMPLOYMENT OF SPECIAL NEW YORK COUNSEL (FORMAN HOLT ELIADES & RAVIN LLC); MEMORANDUM OF POINTS AND AUTHORITIES.  The motion is supported by the DECLARATION OF THOMAS A. SEAMAN IN SUPPORT OF MOTION TO EXPAND EMPLOYMENT OF SPECIAL NEW YORK COUNSEL (FORMAN HOLT ELIADES & RAVIN LLC); MEMORANDUM OF POINTS AND AUTHORITIES.  The hearing for this motion is calendared for August 15, 2011, at 8:30 a.m.

RECEIVER'S TWENTY-FOURTH STATUS REPORT
On July 11, 2011, the Receiver filed the RECEIVER'S TWENTY-FOURTH REPORT TO THE COURT
in accordance with the Court's order to provide monthly status reports. Items discussed in this Status Report include a summary of the Receiver's actions over the past month, an inventory of key assets of the receivership and an accounting as of June 30, 2011.

MOTION FOR APPROVAL OF FIFTH AMENDMENT TO LOAN AGREEMENT WITH TRANSFAC, LLC
On July 8, 2011, the Receiver filed with the Court his NOTICE OF MOTION AND MOTION FOR APPROVAL OF FIFTH AMENDMENT TO LOAN AND SECURITY AGREEMENT WITH TRANSFAC, LLC AND AMENDMENT TO CALVERT LETTER AGREEMENT; MEMORANDUM OF POINTS AND AUTHORITIES.  The motion is supported by the DECLARATION OF THOMAS A. SEAMAN IN SUPPORT OF MOTION FOR APPROVAL OF FIFTH AMENDMENT TO LOAN AND SECURITY AGREEMENT WITH TRANSFAC, LLC AND AMENDMENT TO CALVERT LETTER AGREEMENT.

RECEIVER'S TWENTY-THIRD STATUS REPORT
On June 10, 2011, the Receiver filed the
RECEIVER'S TWENTY-THIRD REPORT TO THE COURT in accordance with the Court's order to provide monthly status reports. Items discussed in this Status Report include a summary of the Receiver's actions over the past month, an inventory of key assets of the receivership and an accounting as of May 31, 2011.

FEE APPLICATIONS OF SHARTSIS FRIESE LLP, RECEIVER'S COUNSEL; KILPATRICK STOCKTON LLP, COUNSEL FOR RECEIVERSHIP ENTITY NATIONAL HEALTH BENEFITS CORP
On May 5, 2011, the Receiver's counsel, Shartsis Friese LLP, filed with the Court their [PROPOSED] ORDER ON FIRST INTERIM FEE APPLICATION OF SHARTSIS FRIESE LLP, CONFLICTS COUNSEL TO THE RECEIVER
; filed concurrently with their FIRST INTERIM FEE APPLICATION OF SHARTSIS FRIESE LLP, CONFLICTS COUNSEL TO THE RECEIVER; and DECLARATION OF FRANK A. CIALONE IN SUPPORT OF FIRST INTERIM FEE APPLICATION OF SHARTSIS FRIESE LLP.  The fee application and declaration detail work performed by the law firm from March 1, 2010, through September 30, 2010, and seeks an order authorizing the Receiver to pay 80% of the detailed fees and 100% of claimed costs. 

On May 11, 2011, the Receiver's counsel, Kilpatrick Stockton LLP, filed with the Court their [PROPOSED] ORDER ON FINAL FEE APPLICATION OF KILPATRICK STOCKTON LLP, COUNSEL FOR RECEIVERSHIP ENTITY NATIONAL HEALTH BENEFITS CORPORATION; filed concurrently with their FINAL FEE APPLICATION OF KILPATRICK STOCKTON LLP, COUNSEL FOR RECEIVERSHIP ENTITY NATIONAL HEALTH BENEFITS CORPORATION; and DECLARATION OF JAMES F. BOGAN III IN SUPPORT OF FINAL FEE APPLICATION OF KILPATRICK STOCKTON LLP, COUNSEL FOR RECEIVERSHIP ENTITY NATIONAL HEALTH BENEFITS CORPORATION.  The fee application and declaration detail work performed by the law firm from February 1, 2010, through March 3, 2011, on behalf of the receivership entity, National Health Benefits Corporation (NHBC), and seeks an order authorizing the Receiver to pay 100% of the detailed fees and 100% of claimed costs. 

The hearing of these fee applications is set for June 13, 2011, at 8:30 a.m.

RECEIVER'S FIFTH FEE APPLICATION TO THE COURT; ALLEN MATKINS LLP'S FIFTH FEE APPLICATION; NELSON MULLINS RILEY & SCARBOROUGH FIRST FEE APPLICATON
On May 12, 2011, the Receiver filed his NOTICE OF HEARING ON INTERIM APPLICATIONS FOR APPROVAL AND PAYMENT OF COMPENSATION TO RECEIVER AND HIS PROFESSIONALS
, and his FIFTH INTERIM FEE APPLICATION OF THOMAS SEAMAN, RECEIVER with the Court. The fee application details work performed by the Receiver from November 1, 2010, through January 31, 2011.  The Receiver and his staff worked 1,859.7 hours executing the duties set forth in the Temporary Restraining Order and Order Appointing Receiver and subsequent orders of the Court.  The application is posted here with EXHIBIT A NOVEMBER 2010 TIMESLIPS PART 1, PART 2; DECEMBER 2010 TIMESLIPS PART 1, PART 2; and JANUARY 2011 TIMESLIPS PART 1, PART 2, PART 3, which detail all fees sorted by task.  EXHIBIT B TIMEKEEPER SUMMARY summarizes fees by timekeeper.  EXHIBIT C TASK SUMMARY summarizes fees by type of task performed.  EXHIBIT D REFERENCED ASSET SUMMARY summarizes fees by asset type.  The Receiver also filed his NOTICE OF LODGING [PROPOSED] ORDER ON FIFTH INTERIM FEE APPLICATION OF THOMAS SEAMAN, RECEIVER which seeks an order to approve payment of 90% of the detailed fees of the Fifth Fee Application Period.

On May 12, 2011, the Receiver's attorneys, Allen Matkins LLP, filed their
FIFTH INTERIM FEE APPLICATION OF ALLEN MATKINS LECK GAMBLE MALLORY & NATSIS LLP, COUNSEL TO THE RECEIVER with the Court.  The fee application details work performed by the attorneys from November 1, 2010, through January 31, 2011.  Filed with their application is the DECLARATION OF MICHAEL R. FARRELL IN SUPPORT OF FIFTH INTERIM FEE APPLICATION OF ALLEN MATKINS, posted here with EXHIBIT A PART 1 TO FARRELL DECLARATION; EXHIBIT A PART 2; and EXHIBIT A PART 3, which detail work performed on behalf of the Receivership Estate.  Also filed is the [PROPOSED] ORDER ON FIFTH INTERIM FEE APPLICATION OF ALLEN MATKINS authorizing the Receiver to pay 80% of the detailed fees and 100% of claimed costs.

On May 12, 2011, the Receiver's Georgia counsel, Nelson Mullins Riley & Scarborough LLP, filed with the Court their FIRST INTERIM FEE APPLICATION OF NELSON MULLINS RILEY & SCARBOROUGH LLP, FOR RECEIVERSHIP ENTITY GEORGIA MEDICAL PROVIDER FUNDING CORPORATION.  Supporting the application is the DECLARATION OF RICHARD B. HERZOG, JR. IN SUPPORT OF FIRST INTERIM FEE APPLICATION OF NELSON MULLINS RILEY & SCARBOROUGH LLP, FOR RECEIVERSHIP ENTITY GEORGIA MEDICAL PROVIDER FUNDING CORPORATION.  The fee application and declaration detail work performed by the law firm during the first fee application period of September 1, 2009, through May 31, 2010, on behalf of the receivership estate, and seeks an order authorizing the Receiver to pay 100% of the detailed fees and 100% of claimed costs.  Posted here is the [PROPOSED] ORDER ON INTERIM FEE APPLICATION OF NELSON MULLINS RILEY & SCARBOROUGH LLP, FOR RECEIVERSHIP ENTITY GEORGIA MEDICAL PROVIDER FUNDING CORPORATION.

The hearing of these fee applications is set for June 13, 2011, at 8:30 a.m.

MOTION FOR APPROVAL OF SETTLEMENT AGREEMENT WITH DOMENICK MARINARO, CENTURY AMBULANCE SERVICES, INC., DR. ROBERT AQUINO AND CAS ACQUISITION 1 LLC
On May 11, 2011, the Receiver filed with the Court his
NOTICE OF MOTION AND MOTION FOR APPROVAL OF SETTLEMENT AGREEMENT WITH DOMENICK MARINARO, CENTURY AMBULANCE SERVICES, INC., DR. ROBERT J. AQUINO, AND CAS ACQUISITION I, LLC; MEMORANDUM OF POINTS AND AUTHORITIES.  The motion is supported by the DECLARATION OF THOMAS A. SEAMAN IN SUPPORT OF MOTION FOR APPROVAL OF SETTLEMENT AGREEMENT WITH DOMENICK MARINARO, CENTURY AMBULANCE SERVICES, INC., DR. ROBERT J. AQUINO, AND CAS ACQUISITION I, LLC.  The hearing for the motion is calendared for June 13, 2011, at 8:30 a.m.

RECEIVER FILES SUIT AGAINST SEDGWICK LLP
On May 2, 2011, the Receiver, as Plaintiff, filed his
COMPLAINT ALLEGING PROFESSIONAL NEGLIGENCE; AIDING AND ABETTING BREACH OF FIDUCIARY DUTY; DISGORGEMENT, against the law firm of Sedgwick, LLP.  The Receiver alleges that Sedgwick LLP breached applicable standards of care in performing legal services for MPFC II, MPFC III, and MPFC IV, and aided and abetted breaches of fiduciary duty by the officers of those entities in the making of unauthorized loans with Note proceeds.  The Receiver seeks damages of more than $200 million and disgorgement of legal fees paid to Sedgwick.  Filed with the complaint are a NOTICE OF RELATED CASE and a CERTIFICATION AND NOTICE OF INTERESTED PARTIES.

RECEIVER'S TWENTY-SECOND STATUS REPORT
On May 10, 2011, the Receiver filed the RECEIVER'S TWENTY-SECOND REPORT TO THE COURT
in accordance with the Court's order to provide monthly status reports. Items discussed in this Status Report include a summary of the Receiver's actions over the past month, an inventory of key assets of the receivership and an accounting as of April 30, 2011.

ORDER APPROVING (A) SALE OF LOANS MADE TO TRACE LIFE SCIENCES, INC. AND (B) BROKER'S FEE
On April 26, 2011, Judge Carter filed his ORDER APPROVING (A) SALE OF LOANS MADE TO TRACE LIFE SCIENCES, INC. AND (B) BROKER'S FEE
.  
 
ORDER GRANTING EX PARTE APPLICATION FOR EXTENSION OF CLAIMS BAR DATE TO JUNE 15, 2011
On April 18, 2011, Judge Carter issued his ORDER GRANTING EX PARTE APPLICATION FOR EXTENSION OF CLAIMS BAR DATE.  
The order extends the Claims Bar Date to June 15, 2011.  All claimants must have their claims forms delivered to the Receiver's office by that date.  Investors are encouraged to use the claim forms sent to them by the Receiver which included pre-filled investor information. 

RECEIVER'S TWENTY-FIRST STATUS REPORT
On April 11, 2011, the Receiver filed the RECEIVER'S TWENTY-FIRST REPORT TO THE COURT in accordance with the Court's order to provide monthly status reports. Items discussed in this Status Report include a summary of the Receiver's actions over the past month, an inventory of key assets of the receivership and an accounting as of March 31, 2011.

MOTION TO SELL LOANS MADE TO TRACE LIFE SCIENCES
On April 1, 2011, the Receiver filed his NOTICE OF MOTION AND MOTION FOR ORDER APPROVING (A) SALE OF LOANS MADE TO TRACE LIFE SCIENCES, INC. AND (B) BROKER'S FEE; MEMORANDUM OF POINTS AND AUTHORITIES
.  The motion is supported by the DECLARATION OF THOMAS A. SEAMAN IN SUPPORT OF MOTION FOR ORDER; the DECLARATION OF MATTHEW ARNO IN SUPPORT OF MOTION FOR ORDER; and the DECLARATION OF MARK J. CHANDLER IN SUPPORT OF MOTION FOR ORDER.  The hearing is calendared for May 2, 2011, at 8:30 a.m.

RECEIVER'S AMENDED TWENTIETH STATUS REPORT
On March 17, 2011, the Receiver filed the RECEIVER'S AMENDED TWENTIETH REPORT TO THE COURT
in accordance with the Court's order to provide monthly status reports. The report provides a corrected Exhibit B. 

RECEIVER'S TWENTIETH STATUS REPORT
On March 10, 2011, the Receiver filed the RECEIVER'S TWENTIETH REPORT TO THE COURT in accordance with the Court's order to provide monthly status reports. Items discussed in this Status Report include a summary of the Receiver's actions over the past month, an inventory of key assets of the receivership and an accounting as of February 28, 2011.

RECEIVER'S FOURTH FEE APPLICATION TO THE COURT; ALLEN MATKINS LLP'S FOURTH FEE APPLICATION; TRACHTENBERG RODES & FRIEDBERG LLP'S SECOND FEE APPLICATON
On February 18, 2011, the Receiver filed his NOTICE OF MANUAL FILING
, the NOTICE OF HEARING ON INTERIM APPLICATIONS FOR APPROVAL AND PAYMENT OF COMPENSATION TO RECEIVER AND HIS PROFESSIONALS, and his FOURTH INTERIM FEE APPLICATION OF THOMAS SEAMAN, RECEIVER with the Court. The fee application details work performed by the Receiver from August 1, 2010, through October 31, 2010.  The Receiver and his staff worked 2,435.7 hours executing the duties set forth in the Temporary Restraining Order and Order Appointing Receiver and subsequent orders of the Court.  The application is posted here with EXHIBIT A AUGUST TIMESLIPS, SEPTEMBER TIMESLIPS and OCTOBER TIMESLIPS, which detail all fees sorted by task.  EXHIBIT B TIMEKEEPER SUMMARY summarizes fees by timekeeper.  EXHIBIT C TASK SUMMARY summarizes fees by type of task performed.  EXHIBIT D REFERENCED ASSET SUMMARY summarizes fees by asset type.  The Receiver also filed his NOTICE OF LODGING [PROPOSED] ORDER ON FOURTH INTERIM FEE APPLICATION OF THOMAS SEAMAN, RECEIVER which seeks an order to approve payment of 90% of the detailed fees of the Fourth Fee Application Period. 

On February 18, 2011, the Receiver's attorneys, Allen Matkins LLP, filed their FOURTH INTERIM FEE APPLICATION OF ALLEN MATKINS with the Court.  The fee application details work performed by the attorneys from August 1, 2010, through October 31, 2010.  Filed with their application is the DECLARATION OF MICHAEL R. FARRELL IN SUPPORT OF FOURTH INTERIM FEE APPLICATION OF ALLEN MATKINS, posted here with EXHIBIT A PART 1 TO FARRELL DECLARATION; EXHIBIT A PART 2; and EXHIBIT A PART 3, which detail work performed on behalf of the Receivership Estate.  Also filed is the [PROPOSED] ORDER ON FOURTH INTERIM FEE APPLICATION OF ALLEN MATKINS authorizing the Receiver to pay 80% of the detailed fees and 100% of claimed costs.

On February 18, 2011, the Receiver's attorneys, Trachtenberg Rodes & Friedberg LLP, filed with the Court their SECOND INTERIM FEE APPLICATION OF TRACHTENBERG RODES & FRIEDBERG LLP, COUNSEL FOR RECEIVERSHIP ENTITY MEDICAL CAPITAL CORPORATION AND ITS AFFILIATES AND SUBSIDIARIES.  Supporting the application is the DECLARATION OF LEONARD A. RODES IN SUPPORT OF SECOND INTERIM FEE APPLICATION OF TRACHTENBERG RODES.  The fee application and declaration detail work performed by the law firm during the second fee application period, on behalf of the receivership estate, and seeks an order authorizing the Receiver to pay 90% of the detailed fees and 100% of claimed costs.  Posted here is the [PROPOSED] ORDER ON SECOND INTERIM FEE APPLICATION OF TRACHTENBERG RODES & FRIEDBERG LLP.

The hearing of these fee applications is set for March 21, 2011, at 8:30 a.m.

RECEIVER'S NINETEENTH STATUS REPORT
On February 10, 2011, the Receiver filed the
RECEIVER'S NINETEENTH REPORT TO THE COURT in accordance with the Court's order to provide monthly status reports. Items discussed in this Status Report include a summary of the Receiver's actions over the past month, an inventory of key assets of the receivership and an accounting as of January 31, 2011.

MOTION FOR ORDER AUTHORIZING THE EMPLOYMENT OF SPECIAL NEW YORK COUNSEL
On February 8, 2011, the Receiver filed his NOTICE OF MOTION AND MOTION FOR ORDER AUTHORIZING THE EMPLOYMENT OF SPECIAL NEW YORK COUNSEL.  The Receiver seeks to employ the law firm of Forman Holt Eliades & Ravin LLC, to act as Special Counsel, to evaluate the merits and costs of pursuing actions to collect on certain note obligations and amounts due the Receivership Entities.  The motion is supported by the DECLARATION OF THOMAS A. SEAMAN IN SUPPORT OF MOTION FOR ORDER AUTHORIZING THE EMPLOYMENT OF SPECIAL NEW YORK COUNSEL; and the DECLARATION OF HARRY M. GUTFLEISH IN SUPPORT OF MOTION FOR ORDER AUTHORIZING THE EMPLOYMENT OF SPECIAL NEW YORK COUNSEL.  The Receiver has submitted a [PROPOSED] ORDER AUTHORIZING THE EMPLOYMENT OF SPECIAL NEW YORK COUNSEL.  The hearing for the motion is calendared for March 14, 2011, at 8:30 a.m.

ORDER SETTING CLAIMS BAR DATE AS MAY 1, 2011
On January 31, 2011, Judge Carter issued his ORDER 1) SETTING BAR DATE; 2) APPROVING PROOF OF CLAIM FORM AND CLAIM INFORMATION FORM; AND 3) ESTABLISHING SUMMARY PROCEDURES FOR CLAIM ADMINISTRATION.  The order sets the bar date for claims as May 1, 2011, and requires the Receiver to mail Proofs of Claims forms to creditors no later than March 1, 2011.

HEARING TO APPROVE SETTLEMENT AGREEMENT WITH ADDISON LARREAU SET FOR MARCH 14, 2011
On February 3, 2011, the Receiver filed with the Court his NOTICE OF MOTION AND MOTION FOR APPROVAL OF SETTLEMENT AGREEMENT WITH ADDISON LARREAU; MEMORANDUM OF POINTS AND AUTHORITIES.  The motion is supported by the DECLARATION OF THOMAS A. SEAMAN IN SUPPORT OF MOTION FOR APPROVAL OF SETTLEMENT ADDISON LARREAU.  Subject to Court approval, the Receiver and Mr. Larreau have negotiated a Settlement Agreement and Mutual Release ("Agreement"), under which Mr. Larreau has signed a stipulated judgment. The settlement relates to obligations to Medical Provider Financial Corp. II, from New Life Centers, LLC.  The hearing to approve the Settlement Agreement is calendared for March 14, 2011, at 8:30 p.m. 

RECEIVER'S REPLY IN SUPPORT OF MOTION FOR APPROVAL OF SETTLEMENT WITH COALITION
AMERICA, INC.
On January 31, 2011, the Receiver filed his RECEIVER'S REPLY IN SUPPORT OF MOTION FOR APPROVAL OF SETTLEMENT WITH COALITION AMERICA, INC. REGARDING ATTORNEY FEES AND COSTS.  The reply is to an objection filed by a note holder.  The hearing to approve the settlement agreement is calendared for February 14, 2011, at 8:30 a.m.

HEARING TO ESTABLISH CLAIMS BAR DATE SET FOR JANUARY 31, 2011
On December 21, 2010, the Receiver filed with the Court his NOTICE OF MOTION AND MOTION FOR ORDER:  1) SETTING CLAIMS BAR DATE: 2) APPROVING PROOF OF CLAIM AND CLAIM INFORMATION FORMS: AND 3) ESTABLISHING SUMMARY PROCEDURES FOR CLAIM ADMINISTRATION; MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT.  Submitted with the motion is a [PROPOSED] ORDER SETTING CLAIMS BAR DATE.  The motion is supported by the DECLARATION OF THOMAS A. SEAMAN IN SUPPORT OF RECEIVER'S MOTION FOR ORDER.  The hearing to set the bar date will be held on January 31, 2011, at 8:30 a.m. in Judge Carter's courtroom.

NHBC:  RECEIVER SEEKS APPROVAL FOR AGREEMENT WITH COALITION AMERICA REGARDING ATTORNEY FEES AND COSTS ASSOCIATED WITH NHBC LITIGATION
On January 14, 2011, the Receiver filed with the Court his NOTICE OF MOTION AND MOTION FOR APPROVAL OF SETTLEMENT WITH COALITION AMERICA, INC. REGARDING ATTORNEY FEES AND COSTS; MEMORANDUM OF POINTS AND AUTHORITIES.  The motion seeks approval of a settlement agreement with Coalition America, Inc. regarding attorney fees and costs related to the ongoing dispute between Coalition America and the receivership entity, National Health Benefits Corporation (NHBC).  The motion is supported by the DECLARATION OF THOMAS A. SEAMAN IN SUPPORT OF MOTION FOR APPROVAL OF SETTLEMENT WITH COALITION AMERICA, INC. REGARDING ATTORNEY FEES AND COSTS.  The hearing is calendared for February 14, 2011, at 8:30 a.m. in Judge Carter's courtroom.

PERFECT GAME: RECEIVER'S EX PARTE APPLICATION FOR APPROVAL OF HOME ENTERTAINMENT DISTRIBUTION AGREEMENT FOR THE PERFECT GAME
On January 12, 2011, the Receiver requests expedited approval of the Image, Camelot and Winokur Agreements for the home entertainment distribution of the movie, The Perfect Game.  Therefore, the Receiver filed with the Court his
RECEIVER'S EX PARTE APPLICATION FOR APPROVAL OF (A) DISTRIBUTION AGREEMENT WITH IMAGE ENTERTAINMENT, INC., (B) DISTRIBUTION AGREEMENT WITH CAMELOT DISTRIBUTION GROUP, INC., AND (C) REACQUISITION OF RIGHTS AGREEMENT WITH WILLIAM WINOKUR.  The application is supported by a DECLARATION OF THOMAS SEAMAN IN SUPPORT OF EX PARTE APPLICATION FOR APPROVAL OF: (A) DISTRIBUTION AGREEMENT WITH IMAGE ENTERTAINMENT, INC.; (B) DISTRIBUTION AGREEMENT WITH CAMELOT DISTRIBUTION GROUP, INC.; AND (C) REACQUISITION OF RIGHTS AGREEMENT WITH WILLIAM WINOKUR.  The Receiver's declaration is supported by EXHIBIT A TO SEAMAN DECLARATION (IMAGE ENTERTAINMENT, INC. AGREEMENT); EXHIBIT B TO SEAMAN DECLARATION (CAMELOT DISTRIBUTION GROUP, INC. AGREEMENT); and EXHIBIT C TO SEAMAN DECLARATION (WINOKUR AGREEMENT).  The application is also supported by the DECLARATION OF DANIEL G. McINTOSH, the DECLARATION OF WILLIAM WINOKUR, and the DECLARATION OF CHRISTIAN TUREAUD.  No hearing is scheduled for this ex parte application.

RECEIVER'S EIGHTEENTH STATUS REPORT
On January 10, 2011, the Receiver filed the RECEIVER'S EIGHTEENTH REPORT TO THE COURT in accordance with the Court's order to provide monthly status reports. Items discussed in this Status Report include a summary of the Receiver's actions over the past month, an inventory of key assets of the receivership and an accounting as of December 31, 2010.

RECEIVER'S SEVENTEENTH STATUS REPORT
On December 10, 2010, the Receiver filed the RECEIVER'S SEVENTEENTH REPORT TO THE COURT in accordance with the Court's order to provide monthly status reports. Items discussed in this Status Report include a summary of the Receiver's actions over the past month, an inventory of key assets of the receivership and an accounting as of November 30, 2010.

RECEIVER'S SIXTEENTH STATUS REPORT
On November 10, 2010, the Receiver filed the RECEIVER'S SIXTEENTH REPORT TO THE COURT in accordance with the Court's order to provide monthly status reports. Items discussed in this Status Report include a summary of the Receiver's actions over the past month, an inventory of key assets of the receivership and an accounting as of October 31, 2010.

RECEIVER'S THIRD FEE APPLICATION TO THE COURT; COUNSEL'S THIRD FEE APPLICATION
On November 5, 2010, the Receiver filed his NOTICE OF MANUAL FILING OF THE THIRD INTERIM FEE APPLICATION OF THOMAS SEAMAN, RECEIVER and his THIRD INTERIM FEE APPLICATION OF THOMAS SEAMAN, RECEIVER with the Court. The fee application details work performed by the Receiver from May 1, 2010, through July 31, 2010.  The Receiver and his staff worked 2011.2 hours executing the duties set forth in the Temporary Restraining Order and Order Appointing Receiver and subsequent orders of the Court.  The application is posted here with EXHIBIT A MAY TIMESLIPS, EXHIBIT A JUNE TIMESLIPS and EXHIBIT A JULY TIMESLIPS, which detail all fees sorted by task.  EXHIBIT B TIMEKEEPER SUMMARY summarizes fees by timekeeper.  EXHIBIT C TASK SUMMARY summarizes fees by type of task performed.  EXHIBIT D REFERENCED ASSET SUMMARY summarizes fees by asset type.  The Receiver also filed his NOTICE OF LODGING [PROPOSED] ORDER ON THIRD INTERIM FEE APPLICATION OF THOMAS SEAMAN, RECEIVER which seeks an order to approve payment of 90% of the detailed fees of the Third Fee Application Period. 

On November 5, 2010, the Receiver's attorneys, Allen Matkins LLP, filed their THIRD INTERIM FEE APPLICATION OF ALLEN MATKINS LLP, COUNSEL TO THE RECEIVER, with the Court.  The fee application details work performed by the attorneys from May 1, 2010, through July 31, 2010.  Filed in support of their application is the DECLARATION OF MICHAEL R. FARRELL IN SUPPORT OF THIRD INTERIM FEE APPLICATION OF ALLEN MATKINS LLP, COUNSEL TO THE RECEIVER, posted here with EXHIBIT A PART 1 OF DECLARATION OF MICHAEL FARRELL and EXHIBIT A PART 2 OF DECLARATION OF MICHAEL FARRELL, which detail work performed on behalf of the Receivership Estate.  Also filed is the [PROPOSED] ORDER ON THIRD INTERIM FEE APLICATION OF ALLEN MATKINS, COUNSEL TO THE RECEIVER, which seeks an order authorizing the Receiver to pay 80% of the detailed fees and 100% of claimed costs.

The hearing of these fee applications is set for December 6, 2010, at 8:30 a.m.

ORDER APPROVING SETTLEMENT AGREEMENT WITH EDWARD K. BLODNICK AND EDWARD K. BLODNICK & ASSOCIATES, P.C.
On November 4, 2010, Judge Carter granted the
ORDER APPROVING SETTLEMENT AGREEMENT WITH EDWARD K. BLODNICK AND EDWARD K. BLODNICK & ASSOCIATES, P.C.  Consequently, the hearing on the matter that was calendared for November 15, 2010, is cancelled.

MOTION FOR APPROVAL OF BLODNICK SETTLEMENT
On November 2, 2010, the Receiver filed with the Court his settlement agreement reached between the Receiver and Mr. Blodnick.  The filings include the Receiver's
EX PARTE APPLICATION FOR ORDER SHORTENING TIME ON MOTION FOR APPROVAL OF SETTLEMENT AGREEMENT WITH EDWARD K. BLODNICK AND EDWARD K. BLODNICK & ASSOCIATES, P.C., as well as his NOTICE OF MOTION AND MOTION FOR APPROVAL OF SETTLEMENT AGREEMENT WITH EDWARD K. BLODNICK AND EDWARD K. BLODNICK & ASSOCIATES, P.C.; MEMORANDUM OF POINTS AND AUTHORITIES, and his DECLARATION OF THOMAS A. SEAMAN IN SUPPORT OF MOTION FOR APPROVAL OF SETTLEMENT AGREEMENT WITH EDWARD K. BLODNICK AND EDWARD K. BLODNICK & ASSOCIATES, P.C.  The hearing is calendared for November 15, 2010, at 8:30 a.m.  The hearing has been cancelled as the Order was granted. See above. 

ORDER GRANTING MOTION FOR APPROVAL OF (A) SALE OF HOME STRETCH YACHT FREE AND CLEAR OF LIENS, AND (B) YACHT BROKER'S COMMISSION
On October 22, 2010, Judge Carter filed his
ORDER GRANTING MOTION FOR APPROVAL OF (A) SALE OF HOME STRETCH YACHT FREE AND CLEAR OF LIENS, AND (B) YACHT BROKER'S COMMISSION.

RECEIVER'S FIFTEENTH STATUS REPORT
On October 12, 2010, the Receiver filed the
RECEIVER'S FIFTEENTH REPORT TO THE COURT in accordance with the Court's order to provide monthly status reports. Items discussed in this Status Report include a summary of the Receiver's actions over the past month, an inventory of key assets of the receivership and an accounting as of September 30, 2010.

SOUTHWEST ATLANTA SALE HEARING CONTINUED TO OCTOBER 18, 2010
On September 13, 2010, Judge Carter agreed to continue the hearing to approve the sale of the Southwest Atlanta Hospital to October 18, 2010, by granting his ORDER APPROVING STIPULATION TO CONTINUE HEARING ON RECEIVER'S MOTION FOR ORDER APPROVING (A) SALE OF SOUTHWEST ATLANTA MEDICAL CENTER PROPERTY FREE AND CLEAR OF LIENS, (B) REAL ESTATE BROKER'S COMMISSION, AND (C) FEES AND COSTS OF RECEIVER'S GEORGIA COUNSEL
.

HOME STRETCH; ORDER APPROVING (A) OVERBID PROCEDURES FOR SALE OF HOME STRETCH YACHT, AND (B) NOTICE OF SALE
On September 27, 2010, Judge Carter filed his
ORDER APPROVING (A) OVERBID PROCEDURES FOR SALE OF HOME STRETCH YACHT, AND (B) NOTICE OF SALE.

 

HOME  STRETCH YACHT; PROPOSED SALE OF ASSET; EX PARTE APPLICATION FOR ORDER APPROVING (A)  OVERBID PROCEDURES FOR SALE OF HOME STRETCH YACHT, AND (B) NOTICE OF SALE; NOTICE OF MOTION AND MOTION TO APPROVE SALE
On September 23, 2010, the Receiver filed with the Court his EX PARTE APPLICATION FOR ORDER APPROVING (A)  OVERBID PROCEDURES FOR SALE OF HOME STRETCH YACHT, AND (B) NOTICE OF SALE.  This ex parte application merely seeks approval of proposed overbid procedures and notice of sale for the proposed sale of the yacht known as Home Stretch.  The overbid procedures and notice are listed in the application.  The Yacht is a 118-foot Tri-Deck Motor Yacht built by Hatteras Yachts in 1995. The highest and best offer for the Yacht was in the amount of $1,800,000. The Receiver and Buyer negotiated and executed the sale agreement, subject to overbid and Court approval. The agreement is attached as Exhibit 1 to the Seaman Declaration.  Buyer has deposited $180,000 with Broker.

The Receiver also filed his NOTICE OF MOTION AND MOTION FOR APPROVAL OF (A) SALE OF HOME STRETCH YACHT FREE AND CLEAR OF LIENS, AND (B) YACHT BROKER'S COMMISSION;  MEMORANDUM OF POINTS AND AUTHORITIES.  To summarize, the Receiver requests an order approving a sale of the Home Stretch yacht free and clear of liens, claims and encumbrances. The Receiver also requests authority to pay the real estate broker a commission often (10%) percent of the final purchase price.  The motion is supported by the DECLARATION OF THOMAS A. SEAMAN IN SUPPORT OF MOTION FOR APPROVAL OF (A) SALE OF HOME STRETCH YACHT FREE AND CLEAR OF LIENS, AND (B) YACHT BROKER'S COMMISSION.  The hearing date for the motion is calendared for October 25, 2010, at 8:30 a.m. in the courtroom of Judge Carter.

RECEIVER'S FOURTEENTH STATUS REPORT
On September 10, 2010, the Receiver filed the
RECEIVER'S FOURTEENTH REPORT TO THE COURT in accordance with the Court's order to provide monthly status reports. Items discussed in this Status Report include a summary of the Receiver's actions over the past month, an inventory of key assets of the receivership and an accounting as of August 31, 2010.

SOUTHWEST ATLANTA MEDICAL CENTER; HEARING SCHEDULED FOR SETTLEMENT AGREEMENT WITH ALVAREZ & MARSAL
On August 13, 2010, the Receiver filed with the Court his settlement agreement with Alvarez & Marsal for services provided at the Southwest Atlanta Medical Center.  Please take notice that on September 13, 2010, at 8:30 a.m., in Judge Carter's courtroom, a hearing will be held on the motion of Thomas A. Seaman for approval of the settlement agreement with Alvarez & Marsal Healthcare Industry Group, LLC.  The settlement agreement is described in the Receiver's
NOTICE OF MOTION AND MOTION FOR APPROVAL OF SETTLEMENT AGREEMENT WITH ALVAREZ & MARSAL HEALTHCARE INDUSTRY GROUP, LLC; MEMORANDUM OF POINTS AND AUTHORITIES.  The motion is supported by the DECLARATION OF THOMAS A. SEAMAN IN SUPPORT OF MOTION FOR APPROVAL OF SETTLEMENT AGREEMENT WITH ALVAREZ & MARSAL HEALTHCARE INDUSTRY GROUP, LLC.  If you oppose this motion, you are required to file your written opposition within twenty-one (21) calendar days prior to the hearing.

RECEIVER'S THIRTEENTH STATUS REPORT
On August 10, 2010, the Receiver filed the RECEIVER'S THIRTEENTH REPORT TO THE COURT in accordance with the Court's order to provide monthly status reports. Items discussed in this Status Report include a summary of the Receiver's actions over the past month, an inventory of key assets of the receivership and an accounting as of July 31, 2010.

VIVA VISION; ORDER APPROVING SALE OF STOCK IN VIVA VISION, INC.
On July 30, 2010, Judge Carter issued his
ORDER APPROVING SALE OF STOCK IN VIVA VISION, INC.

RECEIVER'S SECOND FEE APPLICATION TO THE COURT; ATTORNEY'S FEE APPLICATIONS
On July 21, 2010, the Receiver filed his
SECOND INTERIM FEE APPLICATION OF THOMAS SEAMAN, RECEIVER with the Court. The fee application details work performed by the Receiver from November 1, 2009, through April 30, 2010.  The Receiver and his staff worked 4,463.50 hours executing the duties set forth in the Temporary Restraining Order and Order Appointing Receiver and subsequent orders of the Court.  The application is posted here with Exhibit A (posted in PART 1, PART 2, PART 3, PART 4, PART 5, and PART 6) which details all fees sorted by task.  EXHIBIT B summarizes fees by timekeeper.  EXHIBIT C summarizes fees by type of task performed.  EXHIBIT D summarizes fees by asset type.  The Receiver seeks an order to approve payment of 90% of the detailed fees of the Second Fee Application Period.  Also filed is the NOTICE OF LODGING [PROPOSED] ORDER and the [PROPOSED} ORDER ON SECOND INTERIM FEE APPLICATION OF THOMAS SEAMAN, RECEIVER.

On July 21, 2010, the Receiver's attorneys, Allen Matkins, filed their
SECOND INTERIM FEE APPLICATION OF ALLEN MATKINS LECK GAMBLE MALLORY & NATSIS LLP, COUNSEL TO THE RECEIVER, with the Court.  The fee application details work performed by the attorneys from November 1, 2009, through April 30, 2010, and seeks an order authorizing the Receiver to pay 80% of the detailed fees and 100% of claimed costs.  Also filed in support of their application is the DECLARATION OF MICHAEL R. FARRELL IN SUPPORT OF SECOND INTERIM FEE APPLICATION OF ALLEN MATKINS LECK GAMBLE MALLORY & NATSIS LLP, COUNSEL TO THE RECEIVER, posted here with EXHIBIT A.  Also filed is the [PROPOSED] ORDER ON SECOND INTERIM FEE APPLICATION OF ALLEN MATKINS LECK GAMBLE MALLORY & NATSIS LLP, COUNSEL TO THE RECEIVER.

On July 21, 2010, the Receiver's attorneys, Trachtenberg Rodes & Friedberg LLP, filed with the Court their FIRST INTERIM FEE APPLICATION OF TRACHTENBERG RODES & FRIEDBERG LLP, COUNSEL FOR RECEIVERSHIP ENTITY MEDICAL CAPITAL CORPORATION AND ITS AFFILIATES AND SUBSIDIARIES.  Supporting the application is a DECLARATION BY LEONARD A. RODES.  The fee application and declaration detail work performed by the law firm since the inception of the case through June 30, 2010, on behalf of the receivership estate, and seeks an order authorizing the Receiver to pay 90% of the detailed fees and 100% of claimed costs.  Posted here is the [PROPOSED] ORDER ON FIRST INTERIM FEE APPLICATION OF TRACHTENBERG RODES & FRIEDBERG LLP, COUNSEL FOR RECEIVERSHIP ENTITY MEDICAL CAPITAL CORPORATION AND ITS AFFILIATES AND SUBSIDIARIES.

 

The hearing of these fee applications is set for August 23, 2010, at 8:30 a.m.

RECEIVER'S TWELFTH STATUS REPORT
On July 12, 2010, the Receiver filed the
RECEIVER'S TWELFTH REPORT TO THE COURT in accordance with the Court's order to provide monthly status reports. Items discussed in this Status Report include a summary of the Receiver's actions over the past month, an inventory of key assets of the receivership and an accounting as of June 30, 2010.

VIVA VISION; MOTION FOR APPROVAL OF SALE OF STOCK
On July 2, 2010, the Receiver filed with the Court his
NOTICE OF MOTION AND MOTION FOR APPROVAL OF SALE OF STOCK IN VIVA VISION, INC.; MEMORANDUM OF POINTS AND AUTHORITIES.  The
motion is supported by his DECLARATION OF THOMAS A. SEAMAN IN SUPPORT OF MOTION FOR APPROVAL OF SALE OF STOCK IN VIVA VISION, INC.  The hearing for the motion is calendared for August 2, 2010, at 8:30 a.m.

SOUTHWEST ATLANTA MEDICAL CENTER; HEARING TO CONSIDER APPROVAL OF SALE CONTINUED TO SEPTEMBER 13, 2010  OCTOBER 18, 2010
On June 22, 2010, the Court issued an ORDER APPROVING STIPULATION TO CONTINUE HEARING ON RECEIVER'S MOTION FOR ORDER APPROVING (A) SALE OF SOUTHWEST ATLANTA MEDICAL CENTER PROPERTY FREE AND CLEAR OF LIENS, (B) REAL ESTATE BROKER'S COMMISSION, AND (C) FEES AND COSTS OF RECEIVER'S GEORGIA COUNSEL.  The order continues the hearing to consider the MOTION FOR ORDER APPROVING (A) SALE OF SOUTHWEST ATLANTA MEDICAL CENTER PROPERTY FREE AND CLEAR OF LIENS, (B) REAL ESTATE BROKER'S COMMISSION; AND (C) FEES AND COSTS OF RECEIVER'S GEORGIA COUNSEL; MEMORANDUM OF POINTS AND AUTHORITIES to September 13, 2010, at 8:30 a.m. later continued to October 18, 2010.

SOUTHWEST ATLANTA MEDICAL CENTER; HEARING TO CONSIDER APPROVAL OF SALE CONTINUED TO JUNE 23, 2010
On June 16, 2010, the Court issued an
ORDER CONTINUING SOUTHWEST ATLANTA SALE HEARING TO JUNE 23, 2010.  The Court ordered the June 21, 2010 hearing of the Receiver's MOTION FOR ORDER APPROVING (A) SALE OF SOUTHWEST ATLANTA MEDICAL CENTER PROPERTY FREE AND CLEAR OF LIENS, (B) REAL ESTATE BROKER'S COMMISSION; AND (C) FEES AND COSTS OF RECEIVER'S GEORGIA COUNSEL; MEMORANDUM OF POINTS AND AUTHORITIES be continued to June 23, 2010, at 8:30 a.m.

MOTION FOR ORDER TO SHOW CAUSE RE CONTEMPT AND SANCTIONS RE BLODNICK
On June 11, 2010, the Receiver filed with the Court his
NOTICE OF MOTION AND MOTION FOR ORDER TO SHOW CAUSE RE CONTEMPT AND SANCTIONS FOR FAILURE OF EDWARD K. BLODNICK TO TURN OVER PROPERTY OF THE RECEIVERSHIP ESTATE; MEMORANDUM OF POINTS AND AUTHORITIES.  Supporting the motion are the DECLARATION OF JEFFREY R. PATTERSON IN SUPPORT OF MOTION FOR ORDER TO SHOW CAUSE RE CONTEMPT AND SANCTIONS FOR FAILURE OF EDWARD K. BLODNICK TO TURN OVER PROPERTY OF THE RECEIVERSHIP ESTATE; and the DECLARATION OF THOMAS A. SEAMAN IN SUPPORT OF MOTION FOR ORDER TO SHOW CAUSE RE CONTEMPT AND SANCTIONS FOR FAILURE OF EDWARD K. BLODNICK TO TURN OVER PROPERTY OF THE RECEIVERSHIP ESTATE.  The hearing for this motion is calendared for 8:30 a.m., on July 19, 2010.

RECEIVER'S ELEVENTH STATUS REPORT
On June 10, 2010, the Receiver filed the RECEIVER'S ELEVENTH REPORT TO THE COURT
in accordance with the Court's order to provide monthly status reports. Items discussed in this Status Report include a summary of the Receiver's actions over the past month, an inventory of key assets of the receivership and an accounting as of May 31, 2010.

SOUTHWEST ATLANTA MEDICAL CENTER; ORDER APPROVING OVERBID PROCEDURES AND NOTICE OF SALE
On June 2, 2010, the Court granted the Receiver's ex parte request for approval of overbid procedures and notice of sale for the sale of the Southwest Atlanta Medical Center.  On
June 4, 2010, the Court filed the ORDER APPROVING (A) OVERBID PROCEDURES FOR SALE OF SOUTHWEST ATLANTA MEDICAL CENTER, AND (B) NOTICE OF SALE.

EX PARTE APPLICATION FOR ORDER TO SHOW CAUSE RE BLODNICK
On May 28, 2010, the Receiver filed with the Court his
EX PARTE APPLICATION FOR ORDER TO SHOW CAUSE RE CONTEMPT AND SANCTIONS FOR FAILURE OF EDWARD K. BLODNICK TO TURN OVER PROPERTY OF THE RECEIVERSHIP ESTATE.  Supporting the application is a DECLARATION OF JEFFREY R. PATTERSON IN SUPPORT OF EX PARTE APPLICATION FOR ORDER TO SHOW CAUSE RE CONTEMPT AND SANCTIONS FOR FAILURE OF EDWARD K. BLODNICK TO TURN OVER PROPERTY OF THE RECEIVERSHIP ESTATE, and a DECLARATION OF THOMAS A. SEAMAN IN SUPPORT OF EX PARTE APPLICATION FOR ORDER TO SHOW CAUSE RE CONTEMPT AND SANCTIONS FOR FAILURE OF EDWARD K. BLODNICK TO TURN OVER PROPERTY OF THE RECEIVERSHIP ESTATE. 

SOUTHWEST ATLANTA MEDICAL CENTER; MOTION TO APPROVE SALE; MOTION TO APPROVE OVERBID PROCEDURES
On May 21, 2010, the Receiver filed with the Court his
NOTICE OF MOTION AND MOTION FOR ORDER APPROVING (A) SALE OF SOUTHWEST ATLANTA MEDICAL CENTER PROPERTY FREE AND CLEAR OF LIENS, (B) REAL ESTATE BROKER'S COMMISSION; AND (C) FEES AND COSTS OF RECEIVER'S GEORGIA COUNSEL; MEMORANDUM OF POINTS AND AUTHORITIES.  The motion is supported by the DECLARATION OF THOMAS A. SEAMAN IN SUPPORT OF MOTION FOR ORDER APPROVING (A) SALE OF SOUTHWEST ATLANTA MEDICAL CENTER PROPERTY FREE AND CLEAR OF LIENS, AND (B) REAL ESTATE BROKER'S COMMISSION, and the DECLARATION OF DOUGLAS M. CONNELL IN SUPPORT OF MOTION FOR ORDER APPROVING (A) SALE OF SOUTHWEST ATLANTA MEDICAL CENTER PROPERTY FREE AND CLEAR OF LIENS, AND (B) REAL ESTATE BROKER'S COMMISSION; AND (C) FEES AND COSTS OF RECEIVER'S GEORGIA COUNSEL.  Also included is the [PROPOSED] ORDER APPROVING (A) SALE OF SOUTHWEST ATLANTA MEDICAL CENTER PROPERTY FREE AND CLEAR OF LIENS, AND (B) REAL ESTATE BROKER'S COMMISSION, AND (C) FEES AND COSTS OF RECEIVER'S GEORGIA COUNSEL.  The hearing for this motion is calendared for June 21, 2010, at 8:30 a.m.

The Receiver also filed with the Court an EX PARTE APPLICATION FOR ORDER APPROVING (A) OVERBID PROCEDURES FOR SALE OF SOUTHWEST ATLANTA MEDICAL CENTER, AND (B) NOTICE OF SALE; and the accompanying [PROPOSED] ORDER APPROVING (A) OVERBID PROCEDURES FOR SALE OF SOUTHWEST ATLANTA MEDICAL CENTER, AND (B) NOTICE OF SALE.

SOUTHWEST ATLANTA HOSPITAL; NOTICE OF SALE; REQUEST FOR OVERBIDS
In the action pending in U.S. District Court for the Central District of California, Southern Division, Case No. SA CV09-0818 DOC (RNBx), Securities and Exchange Commission v. Medical Capital Holdings, Inc. et al., notice is hereby given pursuant to 28 U.S.C. § 2002 that the Court-appointed Receiver has contracted to sell the real property located at 501 Fairburn Road SW, Atlanta, Georgia, known as the Southwest Atlanta Medical Center, for the amount of $9,500,000.  Sale subject to overbid and Court confirmation.  Hearing currently set for June 21, 2009 at 8:30 a.m., courtroom of the Honorable David O. Carter, United States Courthouse, 411 West Fourth Street, Santa Ana, California.  Minimum overbid is $11,000,000.  Overbids must be received by 5:00 p.m. Pacific Standard Time, five days prior to the hearing by the Receiver at 3 Park Plaza, Suite 550, Irvine, California in order to be considered.  If interested in submitting an overbid, please contact Doug Connell at (770) 552-2473 or at doug.connell@grubb-ellis.com for the form of Purchase and Sale Agreement and other information.

RECEIVER'S TENTH STATUS REPORT
On May 10, 2010, the Receiver filed the RECEIVER'S TENTH REPORT TO THE COURT in accordance with the Court's order to provide monthly status reports. Items discussed in this Status Report include a summary of the Receiver's actions over the past month, an inventory of key assets of the receivership and an accounting as of April 30, 2010.

RECEIVER'S RENEWED APPLICATION FOR APPROVAL OF RECEIVER'S APPOINTMENT OF CONFLICTS COUNSEL
On May 6, 2010, the Receiver filed with the Court his RENEWED APPLICATION FOR APPROVAL OF RECEIVER'S APPOINTMENT OF CONFLICTS COUNSEL, supported by the DECLARATION OF MICHAEL R. FARRELL IN SUPPORT OF RENEWED APPLICATION FOR APPROVAL OF CONFLICTS COUNSEL and the DECLARATION OF FRANK A. CIALONE IN SUPPORT OF RENEWED APPLICATION FOR APPROVAL OF RECEIVER'S APPOINTMENT OF CONFLICTS COUNSEL.  The renewed application is calendared for a hearing before Judge Carter for June 7, 2010, at 8:30 a. m.  The Receiver also filed his EX PARTE APPLICATION FOR ORDER SHORTENING TIME OF NOTICE FOR HEARING ON THE RECEIVER'S RENEWED APPLICATION FOR APPROVAL OF APPOINTMENT OF CONFLICTS COUNSEL, supported by the DECLARATION OF MICHAEL R. FARRELL IN SUPPORT OF EX PARTE APPLICATION FOR ORDER SHORTENING TIME OF NOTICE FOR HEARING ON RECEIVER'S RENEWED APPLICATION FOR APPROVAL OF APPOINTMENT OF CONFLICTS COUNSEL. This ex parte application seeks a shortened time for a ruling on the renewed application.

FIRST FEE APPLICATIONS APPROVED BY THE COURT
On April 23, 2010, Judge Carter entered orders regarding the first fee applications of the Receiver, ORDER ON FIRST INTERIM FEE APPLICATION OF THOMAS A. SEAMAN, RECEIVER; his computer specialists, ORDER ON FIRST INTERIM FEE APPLICATION OF LECG, LLC; and attorneys, ORDER ON FIRST INTERIM FEE APPLICATION OF ALLEN MATKINS LECK GAMBLE MALLORY & NATSIS LLP, COUNSEL TO THE RECEIVER.  

THE PERFECT GAME RELEASED IN DOMESTIC THEATRES
On April 17, 2010  The Perfect Game, a feature filmed owned by Medical Capital was released in U.S. theaters.  Prior to the appointment of the receiver, Medical Capital invested just over $22 million in an entertainment company and the film.  The film was essentially complete, however had not been released because Medical Capital had failed to secure funding for prints and advertising needed to distribute the film.  A history of the status of the film and the Receiver's efforts to preserve the asset can be found in the Receiver's nine monthly reports filed with the Court and published on this website.  The film has now been released domestically in the United States.  In accordance with the Court's orders, the Receiver was able to accomplish release of the film with no additional significant capital investment by the receivership entities.  The Receiver's team is doing everything possible to promote the film, including encouraging viewers of this website to see the movie and tell people they know about it.  Viewers of this website who wish to see the film should follow this link for film reviews and a list of theatres showing the film.

IHHI NOTE SALE
On April 13, 2010, the sale of the IHHI notes was concluded at a sales price of $70,000,000.  The total gross receipts recovered by the Receiver are now $97,831,054.99. 

RECEIVER'S NINTH STATUS REPORT
On April 12, 2010, the Receiver filed the RECEIVER'S NINTH REPORT TO THE COURT in accordance with the Court's order to provide monthly status reports.  Items discussed in this Status Report include a summary of the Receiver's actions over the past month, an inventory of key assets of the receivership and an accounting as of March 31, 2010.

IHHI NOTE SALE; RECEIVER'S SALE MOTION GRANTED; SALE APPROVED FOR $70 M TO KPC RESOLUTION COMPANY
On April 2, 2010, Judge Carter granted the Receiver's sale motion, approving the sale of the IHHI Notes to KPC Resolution Company for a cash purchase price of $70 million.  The parties are required to close the sale no later than April 13, 2010.  For additional details of the transaction, please review the ORDER GRANTING RECEIVER'S MOTION FOR ORDER: (A) APPROVING SALE OF LOANS MADE TO INTEGRATED HEALTHCARE HOLDINGS, INC.; (B) FINDING THAT MEDICAL PROVIDER FUNDING CORPORATIONS IV AND V HOLD TITLE TO SECOND AND THIRD LOANS MADE TO INTEGRATED HEALTHCARE HOLDINGS, INC., RESPECTIVELY; AND (C) APPROVING BROKER'S COMMISSION, as well as the FINAL LOAN PURCHASE AND SALE AGREEMENT.

IHHI NOTE SALE; NOTICE OF RECEIPT OF NONCONFORMING OVERBID FOR SALE OF LOANS MADE TO INTEGRATED HEALTHCARE HOLDINGS, INC.
On March 31, 2010, the Receiver filed with the Court a NOTICE OF RECEIPT OF NONCONFORMING OVERBID FOR SALE OF LOANS MADE TO INTEGRATED HEALTHCARE HOLDINGS, INC.  The hearing for the IHHI Note Sales is scheduled for April 2, 2010, at 8:30 a.m.

RECEIVER'S FIRST FEE APPLICATION TO THE COURT; HEARING REMOVED FROM CALENDAR
On March 30, 2010, Judge Carter issued a MINUTE ORDER ON MOTION FOR HEARING FOR FEE APPLICATIONS UNDER SUBMISSION and removed from the calendar the April 5, 2010 hearing for the first fee applications from the Receiver, the Receiver's attorneys and the Receiver's forensic computer specialists.  The Court found the matters appropriate for decision without oral argument and will rule on the fee applications in chambers.  
 
IHHI NOTE SALE; ORDER GRANTING RECEIVER'S EX PARTE APPLICATION FOR ORDER AMENDING RECEIVER'S MOTION
On March 24, 2010, Judge Carter issued an ORDER GRANTING RECEIVER'S EX PARTE APPLICATION FOR ORDER AMENDING RECEIVER'S MOTION TO APPROVE SALE OF LOANS MADE TO INTEGRATED HEALTHCARE HOLDINGS, INC.  The order amends the SALE MOTION to provide a deadline to close the sale of the IHHI Notes on the seventh business day after entry of an order approving the sale by the Court.  The order also
amends the Sale Motion to seek approval of the Agreement as amended by the First Amendment attached as Exhibit A to the DECLARATION OF THOMAS SEAMAN IN SUPPORT OF THE APPLICATION.

IHHI NOTE SALE; RECEIVER'S EX PARTE APPLICATION FOR ORDER AMENDING RECEIVER'S MOTION
On March 24, 2010, the Receiver filed his EX PARTE APPLICATION FOR ORDER AMENDING RECEIVER'S MOTION TO APPROVE SALE OF LOANS MADE TO INTEGRATED HEALTHCARE HOLDINGS, INC. with the Court.  The application is supported by the DECLARATION OF THOMAS A. SEAMAN IN SUPPORT OF EX PARTE APPLICATION FOR ORDER AMENDING RECEIVER'S MOTION TO APPROVE SALE OF LOANS MADE TO INTEGRATED HEALTHCARE HOLDINGS, INC.  Also submitted was the [PROPOSED] ORDER GRANTING RECEIVER'S EX PARTE APPLICATION FOR ORDER AMENDING RECEIVER'S MOTION TO APPROVE SALE OF LOANS MADE TO INTEGRATED HEALTHCARE HOLDINGS, INC. 

IHHI NOTE SALE; DEADLINE FOR OVERBIDS EXTENDED TO MARCH 30
On March 17, 2010, the Receiver filed his EX PARTE APPLICATION FOR ORDER AMENDING OVERBID PROCEDURES FOR SALE OF LOANS MADE TO INTEGRATED HEALTHCARE HOLDINGS, INC., with the Court.  The application requests that the overbid deadline for IHHI overbids, which was previously scheduled for 5:00 p.m., March 17, be extended to March 30, 2010.  Later that day, Judge Carter issued his ORDER GRANTING RECEIVER'S EX PARTE APPLICATION FOR ORDER AMENDING OVERBID PROCEDURES FOR SALE OF LOANS MADE TO INTEGRATED HEALTHCARE HOLDINGS, INC. The hearing for the IHHI Note Sale has been rescheduled for April 2, 2010, at 8:30 a.m. due to a previous minute order issued by Judge Carter.

IHHI NOTE SALE; OPPOSITION TO SALE FILED BY DEFENDANTS; REPLY TO OPPOSITION FROM RECEIVER
On March 1, 2010, the defendants Field and Lampariello filed their OPPOSITION MEMORANDUM OF POINTS AND AUTHORITIES REGARDING RECEIVER'S MOTION FOR ORDER APPROVING SALE OF LOANS MADE TO INTEGRATED HEALTHCARE HOLDINGS, INC., ETC.
On March 8, 2010, the Receiver filed his RECEIVER'S REPLY TO OPPOSITION OF DEFENDANTS FIELD AND LAMPARIELLO TO MOTION FOR APPROVAL OF SALE OF LOANS MADE TO INTEGRATED HEALTHCARE HOLDINGS, INC., AND RELATED RELIEF. 
The hearing for the IHHI Note Sale is scheduled for March 22, 2010, at 8:30 a.m.

RECEIVER'S EIGHTH STATUS REPORT
On March 10, 2010, the Receiver filed the RECEIVER'S EIGHTH REPORT TO THE COURT in accordance with the Court's order to provide monthly status reports. Items discussed in this Status Report include a summary of the Receiver's actions over the past month, an inventory of key assets of the receivership and an accounting as of February 28, 2010.

RECEIVER'S FIRST FEE APPLICATION TO THE COURT
On March 5, 2010, the Receiver filed his FIRST INTERIM FEE APPLICATION OF THOMAS SEAMAN, RECEIVER with the Court, posted here as Part 1, Part 2 and Part 3.  The fee application details work performed by the Receiver since the inception of the case from July 16, 2009 through October 31, 2009, and seeks an order to authorize payment of 90% of the detailed fees.  The Receiver and his staff worked 2,039.7 hours executing the duties set forth in the Temporary Restraining Order and Order Appointing Receiver and subsequent orders of the Court.  Fees are listed by timekeeper, by type of task performed, and by asset type.  Also filed is the [PROPOSED] ORDER ON FIRST INTERIM FEE APPLICATION OF THOMAS A. SEAMAN, RECEIVER. 

On March 4, 2010, the Receiver's attorneys filed their FIRST INTERIM FEE APPLICATION OF ALLEN MATKINS LECK GAMBLE MALLORY & NATSIS LLP, COUNSEL TO THE RECEIVER with the Court.  The fee application details work performed by the attorneys since the inception of the case from July 16, 2009 through October 31, 2009, and seeks an order authorizing the Receiver to pay 80% of the detailed fees and 100% of claimed costs.  Also filed in support of their application is the DECLARATION OF MICHAEL R. FARRELL IN SUPPORT OF FIRST INTERIM FEE APPLICATION OF ALLEN MATKINS LECK GAMBLE MALLORY & NATSIS LLP, COUNSEL TO THE RECEIVER, posted here as Part 1 and Part 2.  Also filed is the NOTICE OF LODGING [PROPOSED] ORDER RE FIRST INTERIM FEE APPLICATION OF ALLEN MATKINS LECK GAMBLE MALLORY & NATSIS LLP. 

On March 4, 2010, the Receiver's data preservation specialists filed with the Court their
[PROPOSED] ORDER ON FIRST INTERIM FEE APPLICATION OF LECG, LLC in conjunction with their FIRST INTERIM APPLICATION OF LECG, LLC FOR ALLOWANCE OF COMPENSATION AND REIMBURSEMENT OF EXPENSES AS FORENSIC COMPUTER AND DATA PRESERVATION SPECIALISTS TO THE RECEIVER.  The fee application details work performed by the data preservation specialists since the inception of the case from July 20, 2009 through October 31, 2009, and seeks an order authorizing the Receiver to pay the detailed services and costs incurred during the time period. 

On March 4, 2010, the Receiver's counsel, Kilpatrick Stockton LLP, filed with the Court their [PROPOSED] ORDER ON FIRST INTERIM FEE APPLICATION OF KILPATRICK STOCKTON LLP, COUNSEL FOR RECEIVERSHIP ENTITY NATIONAL HEALTH BENEFITS CORPORATION; filed concurrently with their FIRST INTERIM FEE APPLICATION; and DECLARATION OF JAMES F. BOGAN III IN SUPPORT OF FIRST INTERIM FEE APPLICATION.  The fee application and declaration detail work performed by the law firm since the inception of the case from October 16 through January 31, 2010, on behalf of the receivership entity, National Health Benefits Corporation (NHBC), and seeks an order authorizing the Receiver to pay 80% of the detailed fees and 100% of claimed costs. 

The hearing of these fee applications is set for April 5, 2010, at 8:30 a.m.  UPDATE:  HEARING HAS BEEN REMOVED AND THE MATTER WILL BE RULED ON IN CHAMBERS.

FREQUENTLY ASKED QUESTIONS PAGE ADDED TO WEBSITE
The Receiver has added a new page to this website for frequently asked questions.  To read answers to frequently asked questions regarding this receivership and the role of the Receiver, please click on the FAQ tab above.

NEWPORT BEACH UNDEVELOPED LOT; SALE OF PROPERTY HAS CLOSED
On February 18, 2010, the undeveloped parcel
at 118 39th St., Newport Beach, CA, closed escrow and is no longer part of the receivership estate.

IHHI NOTES SALE EX PARTE ORDER APPROVING OVERBID PROCEDURES AND NOTICE OF SALE
On February 10, 2010, Judge Carter issued an ORDER GRANTING RECEIVER'S EX PARTE APPLICATION FOR ORDER APPROVING (A) OVERBID PROCEDURES FOR SALE OF LOANS MADE TO INTEGRATED HEALTHCARE HOLDINGS, INC.; (B) NOTICE OF SALE.  This order sets overbid procedures for the Receiver to follow in selling
the loans previously made to Integrated Healthcare Holdings, Inc.  Currently, the Receiver has contracted to sell the notes for $55,000,000, however, overbids are encouraged.  Minimum overbid is $57,000,000.  Overbids must be received by 5:00 p.m. Pacific Standard Time, March 17, 2010 by the Receiver at 3 Park Plaza, Suite 550, Irvine, California in order to be considered.  If interested in submitting an overbid, please contact Mike Meisenbach at (949) 756-0355 or at mikem@lee-associates.com for the form of Loan Purchase and Sale Agreement, loan documents and other information.  The hearing for the IHHI Note Sale is scheduled for March 22, 2010, at 8:30 a.m.

RECEIVER'S SEVENTH STATUS REPORT
On February 10, 2010, the Receiver filed the RECEIVER'S SEVENTH REPORT TO THE COURT in accordance with the Court's order to provide monthly status reports. Items discussed in this Status Report include a summary of the Receiver's actions over the past month, an inventory of key assets of the receivership and an accounting as of January 31, 2010.

PROPOSED SALE OF INTEGRATED HEALTHCARE HOLDINGS, INC. (IHHI) NOTES, HEARING SET FOR MARCH 22, 2010
On Feb. 4, 2010, the Receiver filed an EX PARTE APPLICATION FOR ORDER APPROVING (A) OVERBID PROCEDURES FOR SALE OF LOANS MADE TO INTEGRATED HEALTHCARE HOLDINGS, INC.; AND (B) NOTICE OF SALE.  The application seeks approval of overbid procedures and notice of sale for the proposed sale of the loans made to Integrated Healthcare Holdings, Inc.  Subject to Court approval, the Receiver has negotiated and executed a sale of loans made by the Receivership Entities to Integrated Healthcare Holdings, Inc., a Nevada corporation that operates four hospitals in central Orange County, and its affiliated operating companies ("IHHI"). The terms of the proposed sale are discussed in the concurrently-filed, NOTICE OF MOTION AND MOTION FOR ORDER (A)  APPROVING SALE OF LOANS MADE TO INTEGRATED HEALTHCARE HOLDINGS, INC.; (B) FINDING THAT MEDICAL PROVIDER FUNDING CORPORATIONS IV AND V HOLD TITLE TO SECOND AND THIRD LOANS MADE TO INTEGRATED HEALTHCARE HOLDINGS, INC., RESPECTIVELY; AND (C) APPROVING BROKER'S COMMISSION; MEMORANDUM OF POINTS AND AUTHORITIES; DECLARATION OF THOMAS A. SEAMAN; DECLARATION OF MICHAEL J. MEISENBACH; AND DECLARATION OF ALEX CHOI.  The Sale Motion is set to be heard on March 22, 2010, at 8:30 a.m.  

"THE PERFECT GAME":  ORDER GRANTING RECEIVER'S EX PARTE APPLICATION FOR ORDER APPROVING DISTRIBUTION AGREEMENT
On Jan. 25, 2010, Judge Carter issued an
ORDER GRANTING RECEIVER'S EX PARTE APPLICATION FOR ORDER APPROVING DISTRIBUTION AGREEMENT.  The Receiver had earlier filed with the Court the RECEIVER'S EX PARTE APPLICATION FOR ORDER APPROVING DISTRIBUTION AGREEMENT; MEMORANDUM OF POINTS & AUTHORITIES.  The ex parte application to the Court sought approval of a negotiated distribution agreement for the movie, “The Perfect Game.”  The Receivership holds significant interest in the movie.  In order to obtain theatrical distribution the movie needed to obtain a distribution agreement and prints and advertising monies to promote and market the film.  The agreement is with the distributor, MIP Film Partners, LLC.  The movie is slated for release on April of 2010.

ORDER ALLOWING RECEIVER TO NOT SEEK COURT APPROVAL IN THE SALE OF ASSETS VALUED UNDER $1,000,000
On January 12, 2010, Judge Carter issued a
MINUTE ORDER ALLOWING THE RECEIVER TO NOT SEEK COURT APPROVAL IN THE SALE OF ASSETS VALUED LESS THAN $1,000,000. However, the Receiver must file notice with the Court three weeks prior notice of the sale which will allow parties to file an ex parte application asking for a hearing on the matter.

RECEIVER'S SIXTH STATUS REPORT
On January 11, 2010, the Receiver filed the RECEIVER'S SIXTH STATUS REPORT in accordance with the Court's order to provide monthly status reports. Items discussed in this Status Report include a summary of the Receiver's actions over the past month, an inventory of key assets of the receivership and an accounting as of December 31, 2009.

NEWPORT BEACH UNDEVELOPED LOT; ORDER GRANTING RECEIVER'S APPLICATION TO SELL UNDEVELOPED NEWPORT BEACH PROPERTY 
On January 11, 2010, Judge Carter issued an order approving the sale of the undeveloped parcel at 118 39th St., Newport Beach, CA.
  The ORDER GRANTING RECEIVER'S MOTION FOR ORDER (A) APPROVING SALE OF UNDEVELOPED NEWPORT BEACH PROPERTY FREE AND CLEAR OF LIENS, AND (B) APPROVING REAL ESTATE BROKER'S COMMISSION was filed on Jan. 22, 2010.

NEWPORT BEACH UNDEVELOPED LOT; ORDER GRANTING RECEIVER'S EX PARTE APPLICATION TO SELL UNDEVELOPED NEWPORT BEACH PROPERTY
On January 4, 2010, Judge Carter issued an
ORDER GRANTING RECEIVER'S EX PARTE APPLICATION FOR ORDER (A) AUTHORIZING RECEIVER TO SELL UNDEVELOPED NEWPORT BEACH PROPERTY, (B) APPROVING OVERBID PROCEDURES, AND (C) APPROVING NOTICE OF SALE PROVIDED BY RECEIVER.  This order approves of the process that will be followed to sell the property.  The Receiver has entered escrow to sell the undeveloped lot parcel at 118 39th St., Newport Beach, CA, and is actively seeking overbids for the property.  The overbids are due in the Receiver's office by 5:00 p.m., Wednesday, January 6, 2010.  The minimum overbid is $755,000.  The overbid auction will take place in the courtroom at 8:30 a.m. on Monday, January 11, 1010.  At the conclusion of the auction Judge Carter is expected to order the property be sold to the highest approved bidder.

STIPULATION BETWEEN THE RECEIVER AND LONE OAK FUND, LLC, REGARDING THE STATUS OF 15101 RED HILL AVENUE, TUSTIN; ORDER GRANTED
On December 21, 2009, Judge Carter issued the
ORDER GRANTING MOTION FOR APPROVAL OF STIPULATION BETWEEN THE RECEIVER AND LONE OAK FUND, LLC.  This stipulation allows for the Lone Oak to foreclose on the property at 15101 Red Hill Ave., Tustin, CA, if no suitable sales price can be obtained by December 31, 2009.  Previously, the Receiver filed with the Court his NOTICE OF MOTION AND MOTION FOR APPROVAL OF STIPULATION BETWEEN THE RECEIVER AND LONE OAK FUND, LLC, supported with a DECLARATION OF THOMAS A. SEAMAN IN SUPPORT OF MOTION FOR APPROVAL OF STIPULATION BETWEEN THE RECEIVER AND LONE OAK FUND, LLC., and the EXHIBIT A, APPRAISAL PART 1 and EXHIBIT A, APPRAISAL PART 2.

RED HILL AVE. HEADQUARTERS PERSONAL PROPERTY AUCTION; ORDER GRANTED TO PROCEED
On December 21, 2009, Judge Carter issued the
ORDER GRANTING RECEIVER'S MOTION FOR ORDER:  (A) AUTHORIZING AUCTION OF PERSONAL PROPERTY AT 15101 RED HILL; AND (B) APPROVING AGREEMENT WITH AUCTIONEER.  Tranzon Asset Strategies will auction the personal property located at the previous headquarters of Medical Capital, located at 15101 Red Hill Ave., Tustin, CA.  The auction is scheduled to take place on Wednesday, January 13, 2010, and will take place both online and at the Red Hill facility.  The Receiver will publish additional information regarding the auction as it becomes available.  If you wish to receive additional information regarding this auction you are encouraged to update your contact information for email updates and be sure to click on the box marked, “Interested in purchasing Medical Capital assets.” 

NEWPORT BEACH UNDEVELOPED BUILDABLE LOT; APPLICATION TO SELL
On December 18, 2009, the Receiver filed with the Court an EX PARTE APPLICATION FOR ORDER AUTHORIZING THE RECEIVER TO SELL UNDEVELOPED NEWPORT BEACH PROPERTY
.  The Receiver has entered escrow to sell the undeveloped parcel at 118 39th St., Newport Beach, CA, and is actively seeking overbids for the property.  A NOTICE OF MOTION AND MOTION FOR ORDER APPROVING SALE was also filed.  Attached to this document is the declaration of the Receiver and the purchase and sale agreement.  Separately posted are declaration and appraisals from the appraisers FERRIGNO, DURBIN, and SMITH.  The hearing for the motion has been set for 8:30 a.m. on January 11, 2009.

AMENDED ORDER GRANTING IN PART MOTION FOR ORDER IN AID OF RECEIVERSHIP
On December 16, 2009, Judge Carter issued an AMENDED ORDER GRANTING IN PART MOTION FOR ORDER IN AID OF RECEIVERSHIP
.  This order allows notice to known creditors of the Receivership Entities by publication on the Receiver's website.  Creditors shall have the option of being notified by email when the Receiver's website is updated or receiving notice by mail upon written request to the Receiver.  This order will allow for substantial costs savings to the Receivership Entities.  The order also extended the filing of a schedule of known creditors to December 16, 2009.

NOTICE OF FILING OF SCHEDULE OF KNOWN CREDITORS PURSUANT TO LOCAL RULE 66-5
On December 15, 2009, the Receiver filed a NOTICE OF FILING OF SCHEDULE OF KNOWN CREDITORS PURSUANT TO LOCAL RULE 66-5.  

RECEIVER'S FIFTH STATUS REPORT
On December 10, 2009, the Receiver filed the RECEIVER'S FIFTH STATUS REPORT in accordance with the Court's order to provide monthly status reports. Items discussed in this Status Report include a summary of the Receiver's actions over the past month, an inventory of key assets of the receivership and an accounting as of November 30, 2009.

SOUTHWEST ATLANTA MEDICAL CENTER; ORDER GRANTING RECEIVER'S EX PARTE APPLICATION FOR ORDER
On December 1, 2009, Judge Carter issued an
ORDER GRANTING RECEIVER'S EX PARTE APPLICATION FOR ORDER to sell the Southwest Atlanta Medical Center property, approving the overbid procedures and approving notice of the sale. Judge Carter reserves the right to revoke approval of these procedures at the sale confirmation hearing scheduled for December 14, 2009.

RED HILL PERSONAL PROPERTY; MOTION TO SELL IN AUCTION
On November 25, 2009, the Receiver filed with the Court a
MOTION FOR ORDER AUTHORIZING THE AUCTION OF PERSONAL PROPERTY located at the Medical Capital headquarters located in Tustin, CA.  The motion also seeks approval of the agreement with the auctioneer and contains points and authorities.  The Receiver also submitted a DECLARATION in support of the motion.  The hearing is scheduled for 8:30 a.m. on Dec. 28, 2009.

SOUTHWEST ATLANTA HOSPITAL; APPLICATION TO SELL
On November 20, 2009, the Receiver filed with the Court several motions and proposed orders regarding the proposed sale of the Southwest Atlanta Medical Center.  The Receiver filed an
EX PARTE APPLICATION FOR ORDER AUTHORIZING THE SALE OF SOUTHWEST ATLANTA MEDICAL CENTER, with approved overbid and notice procedures.  Also attached to this document are a proposed ex parte order to sell the property, and proofs of service.  The Receiver also filed a NOTICE OF MOTION AND MOTION FOR ORDER APPROVING SALE OF SOUTHWEST ATLANTA MEDICAL CENTER FREE AND CLEAR OF LIENS with authorization to pay certain liens and broker's commission, and a memorandum of points and authorities regarding the proposed sale.  Also attached to this document are a proposed order to sell the property, a declaration by the Receiver in support of the application which includes the purchase and sale agreement, and proofs of service.  The hearing for these applications is set for 8:30 a.m. on December 14, 2009.

MOTION FOR ORDER IN AID OF RECEIVERSHIP
On November 17, 2009, the Receiver filed with the Court a
NOTICE OF MOTION AND MOTION FOR ORDER IN AID OF RECEIVERSHIP.  The motion asks the Court to grant permission to provide notice and information to the creditors using this web site rather than exclusively through the mails.  This action is being taken to save significant receivership monies for later distribution to creditors.  The motion also seeks authorization to market and sell receivership assets through Court-approved procedures and to extend the deadline to file a schedule of known creditors with the Court.

FIRST AMENDED COMPLAINT FOR VIOLATIONS OF THE FEDERAL SECURITIES LAWS
On November 9, 2009, the SEC filed their
First Amended Complaint for Violations of the Federal Securities Laws.

RECEIVER'S FOURTH STATUS REPORT
On November 10, 2009, the Receiver filed the
Receiver's Fourth Status Report in accordance with the Court's order to provide monthly status reports.  Items discussed in this Status Report include a summary of the Receiver's actions over the past month, an inventory of key assets of the receivership and an accounting as of October 31, 2009.

CASTLE HILL RETIREMENT VILLAGE SALE APPROVED, OCTOBER 29, 2009
On October 29, 2009, the Court issued the
Order Granting Receiver's Motion For Order Approving Sale of Castle Hill according to the provisions of the Motion for Order Approving Sale.

CASTLE HILL RETIREMENT VILLAGE SALE HEARING CONTINUED TO WEDNESDAY, OCTOBER 28, 2009, 9:00 a.m.
On October 21, 2009, the Court ordered the Hearing on the Motion by Receiver for Order: (A) Approving Sale of Castle Hill Property Free and Clear of Liens; (B) Authorizing the Receiver to Pay Certain Liens and Claims from the Sale of Proceeds and (C) Approving the Real Estate Broker's Commission; which was previously scheduled for October 26, 2009,
CONTINUED to Wednesday, October 28, 2009 at 9:00 a.m.  The Motion by Receiver and other information regarding the sale of the Castle Hill Retirement Village are located below.

RECEIVER'S THIRD STATUS REPORT
On October 9, 2009, the Receiver filed the
Receiver's Third Status Report in accordance with the Court's order to provide monthly status reports.  Items discussed in this Status Report include an account of receipts and disbursements and the status of ongoing efforts to collect funds owed to Medical Capital.

The Receiver has selected an auctioneer to conduct an auction of the furniture, fixtures and equipment at Medical Capital's office building in Tustin, California, and has listed the property for sale for $9.75 Million, subject to Court approval. 

CASTLE HILL RETIREMENT VILLAGE SALE APPLICATION
The Receiver has reached an agreement to sell the Castle Hill Retirement Village for $14,400,000.  The facility is located at 3575 North Moorpark Road, Thousand Oaks, CA.  The Receiver has determined the sale of the property is in the best interests of the receivership estate and has applied to the Court for permission to sell the property subject to an overbid procedure.  The Receiver's
Ex Parte Application Authorizing Sale, Approving Overbid Procedures and Approving of the Notice of Sale with accompanying Exhibit A is found on the Case Documents page of this web site.   Also located on the Case Documents page are other filings associated with the transaction including the Notice Of Motion And Motion For Order Approving Sale Of Castle Hill Property, Authorizing The Receiver To Pay Certain Liens From The Sale Proceeds, And Approving The Real Estate Broker's Commission; the Memorandum of Points And Authorities; and the Declaration of Thomas Seaman including the exhibit of the Purchase and Sale Agreement.  If approval is granted by the Court the Receiver intends to close the transaction within days after the Court hearing.  The Court hearing is set for October 26, 2009 at 8:30 a.m., courtroom of the Honorable David O. Carter, United States Courthouse, 411 West Fourth Street, Santa Ana, California.

The Receiver encourages overbids for the property.  The minimum overbid for the Castle Hill Retirement Village is $14,900,000.  To be considered, all overbids must be received by the Receiver by 5:00 PM Pacific Standard Time, October 21, 2009.  Any party that wishes to make an overbid should contact Mike Meisenbach, of Lee & Associates, at (949) 675-4733, for the form of a Purchase and Sale Agreement and other information. 

On October 8, 2009, the Court issued an
Order Granting Receiver's Ex Parte Application For Order Authorizing Sale of Castle Hill Retirement Village according to the procedure outlined in the Ex Parte Application.

 

RECEIVER'S SECOND STATUS REPORT
On September 8, 2009, the Receiver filed the
Receiver's Second Report to the Court. The report provides updated accounting for the receivership estate as of September 5, 2009. The report addresses matters relating to the collection of receivables by the Receiver, an updated inventory of assets and a summary of the ongoing forensic accounting. The Court denied the Defendant's motion for approval to file bankruptcy and replace the Receiver. The Court also ordered the Receiver to file monthly reports on the tenth of each month.

APPOINTMENT OF PERMANENT RECEIVER
On August 17, 2009, Judge Carter granted the SEC's Application for Preliminary Injunction against the defendants MCHI, MCC, MP VI, Sidney M. Field, and Joseph J. Lampariello, and for the Appointment of Thomas Seaman as Permanent Receiver. The
Preliminary Injunction and Order Appointing a Permanent Receiver may be found on the Case Documents page. The Preliminary Injunction bars the defendants and those affiliated with them, from the offer or sale of any securities or property of Medical Capital or any of its subsidiaries or affiliates. The Order Appointing Permanent Receiver grants Thomas Seaman the full powers of equity receiver over all funds, assets, collateral and premises belonging to or being managed by Medical Capital.

RECEIVER'S 10 DAY REPORT AND ACCOUNTING
On August 12, 2009, the Receiver filed his initial 10 Day Report and Accounting with the Court and that report may be found in the Case Documents.


ADDITIONAL INFORMATION


In addition to the accounting, the Receiver's current primary focus is on marshalling and preserving the assets of the company for the benefit of the note holders and the receivership estate.  The Receiver will update this website with the status of his efforts and other developments affecting note holders and other interested parties.

The Receiver respectfully requests that note holders and broker-dealers refrain from calling the Receiver's offices.  Note holders and other potential claimants may change their address by sending an email to mail@medicalcapitalreceivership.com.  For those without access to a computer, the Receiver has established a telephone number (949) 222-0305, that note holders and interested parties may call to leave their contact information or changes.  Due to the volume of investors, callers should not expect a return call.  In addition to this website, the Receiver will mail legal notices and other correspondence to note holders and interested parties as required by the Court.




WEBSITE OF THOMAS SEAMAN, CFA
JUDICIAL RECEIVER
THOMAS SEAMAN COMPANY

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