SEC v. Louis V. Schooler and First Financial Planning Corp d/b/a Western Financial Planning Corp

Case Summary:

On September 6, 2012, Thomas C. Hebrank of E3 Advisors was appointed temporary receiver for Western Financial Planning Corporation and the entities it controls, including the general partnerships (“Defendants”), pursuant to an Order entered by the United States District Court for the Southern District of California in an action against Defendants filed by the Securities and Exchange Commission.

Document Links (PDF Format):

INVESTOR K-1’s

 

As a reminder, 2017 was the last year that investors were to receive K-1’s for their General Partnership investments. Below is the notification you were provided previously:

 

As you have previously been advised, you will no longer receive a K-1 or any other tax documents to reflect this or future distributions. The cash proceeds you receive may result in income/gain to you in the year you receive the distributions. Tax treatment of these distributions will depend on how you previously reported your investment on your individual income tax returns. If, for example, you wrote off your entire investment in 2017 or in prior years, distributions will be considered income in the year received. If you did not write off your investment in 2017, any distributions would be a return of capital up to your outside basis. Any proceeds received above your outside basis would result in income to you. If the proceeds you receive fall short of your outside basis, it would be a loss on your investment. This is a general statement and is not meant to replace your professional’s advice in this matter. Accordingly, please consult your tax advisor.

 

 

Case Updates: June 2019

 

PROPERTY SALES, DISTRIBUTIONS ANDOUTSTANDING DISTRIBUTION CHECKS

 

Ongoing Property Sales
We currently have three properties in escrow (see below under Expected Sales) and we are finalizing negotiations for the sale of all of the Yuma properties (Yuma I, II, III and Western owned Yuma land). As previously planned, we have implemented various reductions to the list prices for the remaining six properties. At this point, all of our remaining properties have been marketed since at least 2017 and most have been marketed since 2016. We are hoping the price reductions will help us sell the remaining properties within the next 12 months, if not sooner.

 

Distributions
In June of 2018, the Court approved a distribution of $13,000,000. This week, the Court approved a second distribution of $6,000,000. We anticipate sending out the distribution checks in mid-July 2019 and will provide a further case update just prior to sending out the checks.Please keep in mind that we are sending out over 3,000 checks and we are making every effort to get those checks to investors as efficiently as possible. While the vast majority of checks reach investors with no problems and most checks are cashed quickly, a small handful of investors fail to cash their checks and subsequently request checks to be re-issued or never contact the Receiver with updated information. Please help us minimize costs by making sure that your contact information is current. The court has authorized us to extinguish claims of those who have not cashed their distribution checks after this round of distributions is completed.

 

As with the last distribution, you will receive one check to encompass all claims on a household basis and it will be made to your name(s) personally. Because all assets of the receivership entities have been pooled together for distribution, we cannot differentiate between your different property investments. If you continue to have your investment as part of an IRA, please reach out to your financial advisor or tax preparer to discuss the tax implications of your distribution. If the check is not part of an IRA, it is considered the return of capital. As was the case this year, no new tax reporting is being provided by the Receiver based on this distribution.

 

Updated Contact Information
As always, if your mailing address or email address has changed, please send your current contact information to wfp@ethreeadvisors.com. If you are not receiving monthly case updates, you can sign up for them using the link at the bottom of this page.

 

Status of Property Sales
The Receiver has previously completed the following sales:

  • WFPC owned Silver Springs property – sold for $115,000
  • Reno Partners – sold for $32,000
  • Honey Springs Partners – sold for $240,000
  • Valley Vista Partners – sold for $240,000
  • Jamul Valley – sold for $520,000
  • Bratton View – sold at overbid auction for $265,000
  • Reno View and Reno Vista – sold for $75,640
  • Silver Springs North – sold for $700,000
  • Park Vegas – sold for $1,150,000
  • Production – sold for $4,000,000
  • Silver State – sold for $1,500,000
  • LV Kade – sold for $9,500,000
  • Dayton IV – sold for $300,000
  • Dayton II – sold for $305,000
  • International – sold for $39,000
  • Twin Plant – sold for $35,000
  • Tecate South – sold for $45,000
  • Stead I (42-Acre Portion) – sold to overbidder for $1,282,600
  • Las Vegas 2 – sold for $1,725,000
  • Washoe V – sold for $530,00
  • Dayton I – sold for $550,000
  • Freetrade/Suntec/Via 188 – sold for $149,000
  • Borderland/Prosperity – sold for $169,000
  • Washoe IV – sold for $350,000
  • Remaining 65-Acre Portion of Stead I property – sold for $875,000

Expected Sales:

  • Fernley – the court has approved the sale for $390,000 and we are expecting it to close within days.
  • ABL/MexTec – motion for court approval of this sale for $189,000 is pending.
  • Vista Tecate – motion for court approval of this sale for $60,000 is pending.

Current Listings:

  • Yuma I
  • Yuma II
  • Yuma III
  • Western owned Yuma property
  • Dayton III
  • Minden
  • Washoe III
  • Western owned Dayton property
  • Silver Springs South
  • Santa Fe

 

FREQUENTLY ASKED QUESTIONS:

 

Who is the Receiver? Why was there a Receiver appointed? Thomas C. Hebrank was appointed by the Federal District Court on September 6, 2012. The Receiver was appointed after a complaint was filed by the Securities and Exchange Commission against Louis V. Schooler and First Financial Planning Corp. dba Western Financial Planning Corp. (“Western”). The General Partnerships and underlying properties are included in the receivership.

 

Who can I talk to about my investment? You can periodically visit the Receiver’s website for additional updates as far as the case, Receiver’s Reports and other legal filings (www.ethreeadvisors.com). The Receiver and his staff are happy to take your questions, however to reduce expenses, we ask that you check the FAQ or website first. Please direct inquiries to the Receiver to wfp@ethreeadvisors.com.

 

What are the next steps in the receivership? As ordered by the Court, the Receiver has pooled all GP bank accounts, closed out the GPs, and is in the process of selling properties pursuant to the Court-approved sale process. The Receiver completed the investor claims process and sought authority to make interim distributions to investors with allowed claims. That motion was granted on April 30, 2018, and interim distribution checks were sent to investors with allowed claims on June 12, 2018.

 

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Court Filings:

 

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Email Thomas C. Hebrank: wfp@ethreeadvisors.com