General
Information
On December
2, 2009, the United
States District Court for the Southern
District of Texas, Houston Division,
signed an Order Appointing Receiver
for all the assets and records (the
“Receivership Estate”) of Kaleta Capital Management, Inc. ("Defendant"). The Order Appointing
Receiver ("Receivership Order"), directs
the Receiver to, among other things,
take control and possession of and to
operate the Receivership Estate, and to
perform all acts necessary to conserve,
hold, manage and preserve the value of
the Receivership Estate. Receivership Order
also restrains and
enjoins, without prior approval of the
Court, creditors and all other persons
from proceeding against the Receiver,
any of the defendants, the Receivership
Estate, or any agent, officer or
employee related to the Receivership
Estate for any of the following:
-
any act to obtain possession of
the Receivership Estate assets;
-
any act to create, perfect, or
enforce any lien against the
property of the Receiver, or the
Receivership Estate;
-
any act to collect, assess, or
recover a claim against the Receiver
or that would attach to or encumber
the Receivership Estate;
or
-
the set off of any debt owed by
the Receivership Estate or secured
by the Receivership Estate assets
based on any claim against the
Receiver or the Receivership Estate.
Who
Is The Receiver?
Thomas L. Taylor III has
been appointed Receiver and has been
directed by the Court to control and
preserve the applicable assets. All
directions will come through him or his
agents.
What Is The Receivership Process?
The Receiver is
systematically obtaining control over
the Receivership Estate assets and
records. The Receiver may retain outside experts, including a forensic
accounting and electronic records
experts. Other experts will be
retained as needed. The Receiver is
taking control of assets and records by:
1) placing affected persons and entities
on notice of the Court Orders, and 2)
physically securing files wherever they
are located. Receiverships
generally involve putting people and
procedures into place to preserve assets
and to analyze the claims against the
assets. After completing that, the
receiver would file a motion with the
court of a recommendation for treatment
of the assets and claimants. The
proposal would generally be made
available to all affected persons, who
would be given an opportunity to object.
Any continuing objections would be
determined by the court.
Finally, the
Court will determine the manner in which
the Estate assets and
each claimant will be treated after reviewing the
receiver’s recommendations and any
objections to them. Generally, we
anticipate that the KCM
receivership will proceed along these
lines. Reports will be filed with
the Court periodically and major reports
will be posted on this website.
Contacting The Receivership Estate
The Receivership Estate may only be contacted
in writing. Emails may be sent to:
info@KCMreceivership.com.
Although inquiries directed to this email
address are regularly reviewed, the Receiver may
not be able to respond to all individual
inquiries. Common areas of inquiry will be
addressed in the Frequently
Asked Questions (FAQs) section of this
website. This website will be the primary
method of communicating with customers and the
public. We encourage interested persons to
check the website frequently because it is
revised as new information is obtained.
