Medical Capital Receivership

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?

* 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.

• 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

• 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-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.

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.