RECEIVER AND REFEREE APPOINTMENTS  (Partial List)

Appointed as Receiver in aid of enforcement of judgment in the Superior Court of Alameda County. Tasks include taking possession and securing the assets of the Defendants, locating a broker for court approval to market, and negotiating a sale. Assets include a B737-700/800 full-flight simulator and related components at Defendant’s business in Atwater, California, on the grounds of the former Castle Air Force Base. Asset sale completed and proceeds distributed to multiple credits.

Appointed as Receiver in the Superior Court of San Joaquin County to operate certain garages owned by the City of Stockton among other duties before and during the term of the Stockton Chapter 9 Municipal Bankruptcy.

Appointed Receiver in Superior Court of Santa Clara County to review the financial operations and inventory the assets, among other duties, of a marble and tile supply in Santa Clara, California. Duties of the Receiver were eventually expanded to take custody and control of the assets which included over 3,000 slabs of granite and stone, and a warehouse of tile inventory and related supplies. Later, after litigation and the dismissal of a bankruptcy filing, the inventory was liquidated in satisfaction of a loan obligation.

Appointed as Receiver in Superior Court of Placer County to conduct financial operations and oversee management of a commercial pool service business. Cause for appointment was a dispute over the operation of business in a divorce proceeding. After successfully operating for a period of time, Receiver was dismissed and the matter was settled.

Appointed as Receiver in Superior Court of Contra Costa County to take control of a 24-unit partially-completed condominium project in Walnut Creek, California. The purpose of the receivership was to manage, preserve, protect and secure the property, resolve litigation, obtain bids to remedy major construction defects, manage construction, collect on a wrap insurance claim for $1 million from Arch Insurance Group, final the project, manage the homeowners association, and sell the units or manage through foreclosure.

Appointed as Receiver in Superior Court of Sacramento County for the limited purpose of engaging a consultant to perform an environmental review of a gas station/car wash facility along with a neighborhood shopping center.

Appointed as Receiver in Superior Court of Solano County to take possession of the Defendant’s distributive share of proceeds from a producing natural gas well near Dixon, California. In addition, Receiver took possession of books and records of business to analyze and report to court regarding whether the need existed for Receiver to assume business operations.

Appointed as Receiver in Superior Court of Placer County to take possession, custody and control of collateral assets, comprised of 129 of 296 condominium units known as Phoenician to manage, preserve, protect and secure the project while litigation is in process, in addition to working with the homeowners association.

Appointed as Receiver in Superior Court of Sacramento County to take possession, custody and control of collateral assets, comprised of a commercial center known as the College Greens Shopping Center to manage, preserve, protect and secure the project while foreclosure was in progress.

Appointed as Receiver in the Second Judicial District Court of the State of Nevada on a portion of the real estate assets and an interest in personal property asset contained in a partially completed high rise condominium project located in Reno, Nevada which included 96 finished and unfinished condominium units as well as an interest in the common area of the project. The project was complex and required intense management and analysis of options.

Appointed as Receiver by Superior Court of Sonoma County to take possession, custody and control of all assets of Linwood Village Investors 2007, LLC which consisted of a Planned Unit Development in Santa Rosa, California, comprised of 207 completed and partially completed SF homes, townhomes and finished lots. Receiver investigated all aspects of the construction and common areas and obtained bids to complete the commons and vertical construction. The project also had an active 200+ member homeowners association of which the Receiver was charged to manage as President. In addition, Receiver sold individual units and conducted a sealed bid sale resulting in selection of Lennar Homes of California who purchased the balance of the project.

Appointed as Receiver by Superior Court of Sacramento County to take possession, custody and control of a 218-unit apartment project which is a tax credit affordable housing project in the City of Sacramento. Receiver assumed all management responsibilities for the project which includes resolving numerous deferred maintenance issues, confirming eligibility of tenants, working with State agencies while preserving the project until a resolution to the receivership is approved by the Court.

Appointed as Receiver in Superior Court of Sacramento County to take possession, custody and control of collateral assets, comprised of five partially completed single-family residences to manage, preserve, protect and secure the project while a foreclosure was in progress.

Appointed as Receiver by Superior Court of Sacramento County to preserve, protect and manage 27 residences located in various locations within Sacramento County while a foreclosure is in process. The properties consist of single-family homes and duplexes.

Appointed as Receiver by Superior Court of Sacramento County to preserve, protect and manage 30 residences located in various locations within Sacramento County while a foreclosure is in process. The properties consist of single-family homes, duplexes and a four-plex.

Appointed as Receiver in Superior Court of Sacramento County to take possession, custody and control of collateral assets, comprised of 30 single family residential units known as Sun Meadows Retirement Community to manage, preserve, protect and secure the project while a foreclosure was in progress in addition to working with the homeowners association. Remained in the case as custodian when debtor filed for bankruptcy.

Appointed as Receiver in Superior Court of Sacramento County to take possession, custody and control of collateral assets, comprised of 20 residential units including single family dwellings and apartments known as Alchemy at R Street to manage, preserve, protect and secure the project while a foreclosure was in progress.

Appointed as Receiver by Superior Court of San Bernardino, California, Rancho Cucamonga District, to take custody and control of collateral assets comprised of 15 partially completed single-family residences and townhomes and commercial land in the City of Sonoma, California. Receiver preserved the governmental approvals including securing a six-month extension on permits with the City and obtained contractor’s bids to complete construction while a foreclosure was in process.

Appointed as Receiver in Superior Court of Sacramento County to take control of a 20 unit, partially completed condominium project in Carmichael, California. The purpose of the receivership was to manage, preserve, protect and secure the property while a foreclosure was in progress.

Appointed as Receiver in Superior Court of Sacramento County to take control of 23 units and 4 land parcels of a 48-unit condominium project in Antelope, California. The purpose of the receivership was to manage, preserve, protect and secure the property while a foreclosure was in progress.

Appointed as Receiver by Superior Court of Sacramento County to take over and operate a several hundred-unit apartment project as a result of dispute between lender and borrower. Performed all management functions for nearly one year. Case resolved when asset was sold to a third party and Receiver discharged.
Appointed as Receiver in Superior Court of Sacramento County to operate a radio station and consummate a stock sale. Station was estimated to be valued in excess of $20 million. TBG obtained an FCC license and operated facility in a regulatory environment. Managed the onsite operations of the station for approximately one year achieving gains in revenues and successfully completed the sale of stock in the corporation.
TBG was appointed as Receiver in Superior Court of Sacramento County to take control and operate an FCC regulated radio station. Case was a result of a financial dispute between owners of corporation and venture capital lender. Receiver obtained an FCC license to operate station, performed a sealed-bid sale after court approval to liquidate asset and continued to operate under a Local Marketing Agreement until FCC approval was obtained to transfer station license to new owner.

Appointed as a Post-Judgment Receiver in Superior Court of Santa Clara County to satisfy a $3.5 million judgment against the judgment debtor on two General Motors dealerships in Los Banos and Watsonville, California. Receiver operated both dealerships with approximately 55 employees and sold the assets within 30 days of appointment transferring funds to the judgment creditor. Approximately one-half of the employees’ jobs were preserved as Receiver located experienced dealers to purchase the assets.

Appointed as Receiver by Superior Court of Alameda County to operate an international toy manufacturing and distribution company located in Berkley, California with factories in mainland China. Receivership created because a major loan in dispute between the owners and lender. Operated company until it was determined that assets of the business should be sold in order to resolve issues through a sealed bid sale. Receiver conducted the sale and subject to court approval, closed the sale and disposed of all inventory to a competing West Coast toy manufacturer and distributor.

Appointed as Receiver by Superior Court of Sacramento County to preserve and protect a business that performed computer outsourcing services and security to major Sacramento City municipalities. Receivership created because of partnership disputes which were resolved by selling ownership interest of one partner to the other.

Appointed as Receiver in Superior Court of Merced County to serve as a Limited Purpose Receiver to protect certain assets and report on changes to their status.

Appointed as Receiver in Superior Court of Sacramento County to take control of Office/Retail buildings as a result of a dispute between the lender and owner of property. Receiver discharged when property foreclosed by lender.

Appointed as Receiver by Superior Court of Sacramento County to take control of an office/retail building in downtown Sacramento. Receivership created due to dispute between partnership which owned building and private lender. After period of time, parties settled their differences.

Appointed Receiver in Superior Court of Sacramento County. Case involved the takeover of a vacant medical building as a result of disputes between the lender and the borrower. Receiver was discharged after lender foreclosed on asset.

Appointed as Receiver in Superior Court of Orange County, Orlando, Florida to preserve and protect major office complex occupied by a university and the U. S. Navy among other national tenants. Receivership created to resolve numerous disputes between owners and lender which was accomplished in a timely manner.

Appointed as Receiver in Superior Court of Placer County to take control of a commercial building with a tenant operating a Mexican food restaurant. Assets of the case in addition to the building included the furniture, fixtures, and equipment used to operate the business. Defendants and relative of defendant (who claimed interest in property), filed five bankruptcies. The Receiver turned over the assets to the appointed trustee, when required, and navigated the complex process through Bankruptcy Court to enable a discharge of the Receiver in State Court.

Appointed as Referee in Superior Court of Alameda County. Referee needed to sell property with only one co-owner present. Property owned by brother and sister. One co-owner had reported medical issues and was missing. Required hiring private investigator to attempt to locate co-owner; removal and storage of missing co-owner’s remaining personal property after sale, and researching sources to hold sale proceeds for missing person including a special needs trust. Sale of property was completed. Approximately six months after sale, missing co-owner was discovered deceased in Southern California.

Appointed as Referee in Superior Court of Sacramento County. Dispute between family members and co-owners of real estate which necessitated liquidation of the asset. Required clean-up of property to make marketable and selection of marketing firm for asset. Completed sale of property.

Appointed as Referee in Superior Court of Sacramento County. Dispute between co-owners of real estate which necessitated liquidation of the asset. Required locating marketing firm to deal with specialized liquidation. Sale of property was completed.

Appointed as Referee in Superior Court of Sacramento County. Dispute between co-owners of real estate which necessitated liquidation of the asset. Required resolving access and disclosure issues with property to proceed with marketing and eventual sale.

U.S. GOVERNMENT  AGREEMENTS

Western Regional Standard Asset Management Contract (SAMDA) involving in excess of 370 assets from failed savings and loans in RTC Receiverships. Estimated aggregate asset value exceeded $400+ million and included non-performing loans and real estate located in the Western United States. The real estate assets were comprised of commercial, multi-family, low income and affordable housing projects, and land. Asset management and disposition services were provided on all assets assigned from 1990 to 1997 from The Beverly Group, Inc. offices in Sacramento, CA and Denver, CO.

Southeast Regional Standard Asset Management Contract (SAMDA) involving approximately 150 real estate properties (commercial, industrial, multi-family, single family subdivisions, condominiums and land) and loans secured by real estate. Assets were located primarily in 11 Eastern states (and Puerto Rico) from failed savings and loans in RTC Receiverships, asset management, dispositions and bankruptcy case management services were provided out of The Beverly Group, Inc. offices in Sacramento, CA and Tampa, FL between March 1991 and 1995. Estimated portfolio value was $400+ million.

Asset management, construction loan management, and disposition services provided on an approximately $90 million portfolio of assets located in California and Arizona. The 23 assets were comprised of subsidiary corporations (assets along with their contingent liabilities), and construction loans from failed savings and loans in receivership. Assets owned by the subsidiary corporations included office buildings, industrial/warehouse properties, commercial land, and FF&E. Services were provided from 1989 to approximately 1992.

Provided asset management and disposition services on a portfolio of 14 non-performing loans and real estate projects located in four Western States including Hawaii. Security for the loans included multi-family, office, and retail projects, residential subdivisions and land valued at approximately $100+ million. Services were provided 1988 to 1999.

TBG provided asset management and disposition services for the FADA under contract from April 1987 through March 1988.  Participation loan and joint venture assets were assigned with net takeover values of approximately $100 million. TBG managed all aspects of the assets including negotiations, legal issues, the coordination of all participants, and monitoring sales activities. The assets included office buildings, high-rise condominiums, and ski resorts located in several states from California to Virginia.

TBG completed an analysis of the corporate headquarters of Citizens Savings and Loan Association, Salem Oregon, in January 1988. Information reviewed and reported included departmental organization, personnel, litigation files, loans (current, delinquent and in progress) and financial systems. Work was performed at the association by TBG under a consulting contract in preparation for a FSLIC takeover.

CONSULTING AND ADVISORY AGREEMENTS (Partial List)

TBG performed in excess of $4 billion in consulting contracts along with PW over approximately a three-year period in the middle 90’s. The due diligence on loan portfolios was performed both for private parties and government agencies (Including loans and assets originated by American Savings and Loan Association/New West Savings, Stockton, California, Silverado Savings and Loan Association in Denver, Colorado). Loans reviewed included participation loans, loans to individuals, partnerships, corporations, subsidiary corporations, joint ventures, and loans to foreign nationals. Loan types included acquisition and development land loans, new construction and primary loans, refinances, seconds, thirds and complex, cross collateralized loans.

Asset management and construction management services were provided on two major projects in California. First, a 600-acre planned development located in Plumas County, including a golf course and club house, with a value of approximately $45 million. Substantial problem solving including environmental issues, designing and reconstructing the water and sewer systems, working with three homeowners’ associations (350 members), and obtaining governmental approvals from the U.S. Department of Forestry, California Department of Real Estate, Department of Health Services and Water Resources Department and Plumas County. The second project was a planned development with homes ranging from $500K to $2 + million dollars which required negotiations with homeowners, resolution and repairs of construction defects, management of the homeowners association and the management and construction of a multi-million dollar flood control project completed in accordance with Los Angeles County requirements.

SAMCO was a California affordable housing lending consortium with over 75 financial institution members. TBG reviewed their portfolio of 200 affordable multi-family construction and permanent loans in 1998. The goal of the engagement was to advise the corporate board of directors regarding the status of their portfolio, and recommendations on the slow or problem loans. In addition, TBG performed underwriting services for new affordable housing construction loans to assist with a short term SAMCO staffing shortage.

TBG entered into an engagement with AMRESCO to perform due diligence on the leases on Pier 39 in support of their consideration to refinance the project loan.  The work involved the review, analysis and summary of all leases and the production of a report to AMERSCO.

TBG entered into an agreement with a law firm to provide consulting services to its client, The Royal Bank of Scotland, to craft a short term and long-term liquidation plan for the management and disposition of a 30,000-acre Master Planned Community in the Diablo Mountains, West of the City of Patterson, California. Additionally, a sealed bid sale of the asset was successful in accordance with TBG’s recommendations and was approved by the U. S. Bankruptcy Court. TBG remained an advisor to the law firm and bank on that sale in order to recapture funds provided for a major loan in default.

Under a sales consulting agreement with a hedge fund and the owner of a large winery in the Napa Valley, TBG provided consulting services in order to negotiate a sale and pay off the first lien.

TBG contracted with a design firm to assist with the planning of a new regional bus maintenance facility for Sacramento Regional Transit District. The scope of work included meetings with personnel, researching the market and locating properties that matched the needs of the agency, defining site issues and producing comprehensive reports regarding information and recommendations.

CHAPTER 11 TRUSTEE APPOINTMENTS (Partial List)

 

Chapter 11 Trustee for an operating medical/dental and tattoo supply business owned by an individual indicted for a $200,000,000 +/- Ponzi scheme. The case remains a work in progress and involved the investigation of the Ponzi scheme alleged fraud; management of employees and sale of the business assets; resolution of numerous other entities and their complexities relating to the case; major ongoing litigation and/or mediation in order to recover funds for the victims and creditors with the assistance of Thomas Willoughby, Felderstein Fitzgerald Willoughby & Pascuzzi LLP and Christopher Sullivan, Special Litigation Counsel, Diamond McCarthy LLP.

Chapter 11 Trustee for a debtor that owned 94% of the stock in an information, communications and technology company called Mariners Systems, Inc. (Marsys) with offices in San Francisco, Santa Clara and Miami, Florida. Trustee tasked by the court to manage both the individual estate of debtor and the company with national and international clients. Trustee sold the corporate stock and settled $20 million dollars of major litigation with the assistance of Richard Lapping, Trodella & Lapping LLP. In addition, the Trustee sold the debtor’s residence in Atherton, CA (originally built for approximately $13.5 million dollars) with the assistance of Todd Wohl, Braun International. Upon resolution of the assets and litigation, the case was converted to a chapter 7 which is now closed.

Chapter 11 Trustee for a debtor owning a 58,000 square foot shopping center in Northern California containing environmental problems, lender disputes and tenant issues plus, litigation threatened by the State of California and Yolo County. Trustee investigated contamination and remediation necessary and made recommendations to the Court.

Chapter 11 Trustee for four separate corporations that own 70 Jack in the Box (“JIB”)  franchise stores located from the Oregon border throughout the Central Valley with in excess initially, 1,950 employees. The debtors had numerous defaulted tax obligations and loans that required substantial due diligence, investigations, negotiations and management. Trustee managed all stores and employees while conducting a sealed bid sale and auction on 66 of the stores through National Franchise Sales, Newport Beach. The auction sale was successful with a gross price of approximately $39 million. The entire case required substantial management and negotiation skills including knowledge of franchise agreements, employee/employer requirements and numerous other matters in litigation or dispute to resolve with the assistance of U. S. governmental agencies and Trustee’s counsel, Winston & Strawn LLP, San Francisco.

Chapter 11 Trustee for three corporations and two individual debtors in bankruptcy (5 separate cases – administered jointly, not consolidated) owning operating businesses and real estate projects including 27 Taco Bell franchise stores located throughout Northern California from Willits to the East Bay Area. Assets were encumbered by numerous loans cross collateralized several times with different lenders and guarantors which required substantial due diligence and negotiations with lenders and other creditors. Trustee operated the business from its Lafayette, California location with more than 350 employees, successfully conducted an auction sale of the assets with National Franchise Sales and with assistance of Thomas Willoughby, Felderstein Fitzgerald Willoughby & Pascuzzi LLP, resolved major litigation issues through settlements.

Chapter 11 Trustee for debtor owning approximately 4,000 acres of ranch land and various types of real estate in Shasta, Tehama and Siskiyou Counties. The most valuable land asset was situated contiguous to environmentally sensitive Battle Creek. Additionally, the Trustee was required to shut down an internal medical practice of 40 years owned by the debtor. Resolution to the case was a successful sale of the land through a sealed bid sales process, settlements with third parties and the major lender and the complete closure of the medical practice.

Chapters 11 and 7 Trustee for debtor that owned largest commercial marina on the North Shore of Lake Tahoe located on property leased from the State of California under the control of the California State Lands Commission. The marina consisted of real estate and 120 “Dockominiums” owned by individuals governed by a boat owners association, a monthly slip and buoy leasing operation for commercial vessels and private yachts, storage facilities off site for 165+ boats, an onsite commercial shopping center and restaurants. Numerous issues relating to the property included upland property disputes, partnership disputes other litigation in progress and environmental issues to name a few. Trustee operated the businesses and served as “Harbor Master” through sale of the marina, related real estate and resolution of the litigation through successful settlement negotiations.

Chapter 11 Trustee for debtor owning 84 subdivision lots in the City of Plymouth, California. Property required resolutions to DRE requirements and other governmental approvals. Trustee negotiated settlement agreement with major lender, resolved partnership disputes and sold the subdivision through a court approved plan.

OTHER BANKRUPTCY COURT APPOINTMENTS (Partial List)

Trustee converted the chapter 11 case to a Plan of Liquidation, approved by the U.S. Bankruptcy Court in December 2016 with The Beverly Group, Inc. appointed as the Plan Administrator. Tasks are not limited to, but include monitoring complex litigation, settling and/or resolving approximately $86 million dollars of claims against several institutions and individuals, resolving the corporate 401k Plan and matters pertaining to other corporate entities in the case.

TBG Engaged by Post Confirmation Committee of Unsecured Creditors to perform review and analyst services regarding employee and other claims. Task included over 1900 claims involving several labor unions and others total more than $5,000,000. Reviewed and sorted information, researched and removed duplications and reconciled available data to assist in claims resolution.

TBG was appointed Liquidating Agent for an asset which was part of a chapter 11 bankruptcy case in the Northern District. The assigned asset was a multi-unit, partially completed, condominium project located in South San Francisco with substantial construction defects. The project was located within the rift zone of the San Andreas Fault. TBG successfully, and in a timely fashion, sold the project through a sealed bid process.

TBG appointed as consultant to the Chapter 11 Trustee to perform detailed due diligence on approximately $16 million in multiple, cross-collateralized loans in default. Reconstructed loan files for the Trustee and produced spreadsheets and reports which uncovered the various cross collateralized, and numerous debts, against the estate’s assets. Primary assets were 27 Taco Bell franchise stores and real estate located throughout Northern California from Willits to the East Bay Area.

TBG appointed as Liquidating Agent to sell approximately 1,511 acres of unimproved pasture land adjacent to Battle Creek and straddling the Shasta-Tehama County line. Liquidating agent researched all aspects of the land including encumbrances, other title issues, governmental restrictions and requirements, crafted marketing brochures, a complete due diligence package including all sale documentation, established a contact list of approximately 600 investors resulting in a successful sale in excess of $1.5 million.