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 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.