IN THE THIRD JUDICIAL DISTRICT COURT OF SALT LAKE COUNTY
STATE OF UTAH
BILLINGS, PETER W. JR.,
Plaintiff,
vs.
WESTWOOD HILLS INVESTMENTS, LTD., et al.,
Defendants.
NOTICE OF ASSETS AND DEADLINE TO FILE CLAIM FORM
Case No. 890900969
Judge Andrew Stone
THIS NOTICE AFFECTS YOUR LEGAL RIGHTS.
PLEASE CONSULT AN ATTORNEY
PLEASE TAKE NOTICE:
Pursuant to the “Order Establishing Classes of Claimants and Allocating the Right to Assert Claims to Receivership Assets Among Such Classes,” entered in the above-captioned action on March 3, 1997 (the “Class Order”), as well as the “Order: (1) Approving Updated Service List and Confirming that Notice is Sufficient; (2) Authorizing Publication of Notice of Opportunity to Submit Claims for Receivership Assets; (3) Approving Form of Notice and Claim Form; and (4) Establishing Process and Deadlines For Submitting Claims,” entered in this matter on May 14, 2021 (the “Claims Procedure Order”), William O. Martineau, as Receiver (the “Receiver”) of Westwood Partners and Westwood Hills Investments, Ltd. (the “Partnerships”) hereby gives notice that money may become available for payment to creditors and owners of the Partnerships, whose assets have been liquidated in this Receivership action (the “Receivership Property”). If you are receiving a copy of this Notice by regular mail or email, copies of the Class Order and the Claims Procedure Order are attached hereto as Exhibits A and B, respectively. If you are receiving this Notice by any other means, those orders (as well as other court documents related to the above-captioned lawsuit) may be downloaded from the following link to the website of counsel for the Receiver: https://www.scmlaw.com/court-approves-claims-procedure-in-receivership-of-westwood-partners-and-westwood-hills-investments-ltd/ .
If you believe you are entitled to a portion of the Receivership Property, you may file a claim (“Claim”) with the above-named Court, using the enclosed Claim Form. The Claim Form must be properly completed and, to be considered, must:
a. State the name, street address, mailing address (if different from the street address), email address, and telephone number of the claimant;
b. State the amount and basis of the Claim;
c. State the date on which the Claim arose;
d. State whether the Claim is in the Equity Class or Debt Class, as defined in the Court’s “Order Establishing Classes of Claimants and Allocating the Right to Assert Claims to Receivership Assets Among Such Classes,” entered in this matter on March 3, 1997 (defined herein and in the Motion, as the “Class Order”) (The Class Order provides, essentially, that the creditors of the Partnerships are divided into two classes: the “Debt Class”, comprised of creditors who loaned money to the Partnerships, and the “Equity Class,” comprised of investors who were limited partners or who otherwise obtained an ownership interest of some kind in the Partnerships);
e. Be signed by the claimant, under penalty of perjury; and
f. Attach a copy of any records or documents on which the claim is based.
Claim Forms, with supporting documentation, must be filed with the above-entitled Court (450 S. State Street, Salt Lake City, UT 84111), so as to be received by the Court no later than 5:00 p.m., prevailing Mountain Time, on September 24, 2021 (the “Claims Deadline”). Claims may be mailed to the Court or filed in person in the Court Clerk’s office, at the same address.
A copy of the Claim Form and supporting documentation must also be emailed and mailed to counsel for the Receiver, at the following address, so as to be received (the mailed copy) by the Claims Deadline:
David L. Pinkston, Attorney for Receiver
SNOW, CHRISTENSEN & MARTINEAU
10 Exchange Place, Eleventh Floor
Post Office Box 45000
Salt Lake City, Utah 84145
dlp@scmlaw.com
CLAIMS THAT ARE NOT FILED AND RECEIVED BY COUNSEL FOR THE RECEIVER BEFORE THE CLAIMS DEADLINE MAY NOT BE CONSIDERED BY THE RECEIVER. IF NOT CONSIDERED, SUCH CLAIMS WILL BE DISALLOWED, AND RECEIVE NO DISTRIBUTION OF RECEIVERSHIP ASSETS. LIKEWISE, CLAIMS THAT FAIL TO INCLUDE ALL REQUIRED ELEMENTS ABOVE, INCLUDING SUPPORTING DOCUMENTATION, MAY NOT BE CONSIDERED. IF YOU FAIL TO TIMELY FILE A COMPLETE CLAIM FORM, AS DESCRIBED, ANY CLAIM YOU MAY HAVE AGAINST THE PARTNERSHIPS, OR EITHER OF THEM, AGAINST THE RECEIVERSHIP PROPERTY, OR AGAINST THE RECEIVER, WILL BE WAIVED, FOREVER BARRED, AND DISCHARGED.
THIS NOTICE AFFECTS YOUR LEGAL RIGHTS. PLEASE CONSULT AN ATTORNEY.
DATED this 18th day of May, 2021.
SNOW, CHRISTENSEN & MARTINEAU
/s/ David L. Pinkston
David L. Pinkston
P. Matthew Cox
Attorneys for Receiver
Published in the ETV Newspaper May 26, June 2, June 9 and June 16, 2021.