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.
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 last year:
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: Q1 2022
The Court approved a motion to conclude the receivership on September 30, 2021 and to send out a final distribution to all qualified investors. The final distribution was sent out in November 2021 and to date nearly 93% of investors have cashed their checks. The deadline to cash checks is February 28, 2022 and the court did not authorize the Receiver to reissue checks. After that date, all uncashed checks will be forfeited.
After the payment of final vendor invoices for tax returns and final receivership closing items, those forfeited funds will be forwarded to the United States Treasury. The Receiver anticipates closing the receivership in the coming months.
Updated Contact Information
As always, if your mailing address or email address has changed, please send your current contact information to wfp@ethreeadvisors.com right away.
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.
Recent Court Filings
Court Filings
Filings listed in the sections below link to PDF documents.
2012 Court Filings
- TRO and Orders: (1) Freezing Assests; (2) Appointing a Receiver; (3) Prohibiting the Destruction of Documents; (4) Granting Expedited Discovery; and (5) Requiring Accountings and Appointing a Permanent Receiver
- Preliminary Injunction Order 10-5-12
- Receivers First Report 09-14-12
- Defendant’s Motion to Dismiss
- Western Investor Initial Notification Letter 10-12-12
- Receivers Report #2 and Monitor Proposal
2013 Court Filings
- Fee Applications #1
- Preliminary Injunction Filing
- SEC’s Ntc of Filing Proposed PI Order
- Defs’ Objs to Proposed PI Order
- SEC’s Ntc of Filing Rsps to Defs’ Objs to Proposed PI Order
- Ntc of Filing of Receiver’s Rsps to Proposed PI Order
- Defendants Reply to SEC and Receiver
- Ntc Mtn & Mtn for Modification of Prelim Injunction
- Memo P&AsISO Mtn for Modification of Prelim Injunction
- Decl Schooler ISO Mtn for Modification of Prelim Injunction
- Receiver’s Response – Mtn for Modification of Prelim Injunction
- SEC’s Response – Mtn for Modification of Prelim Injunction
- Schooler’s Reply re Motion to Modify
- Receiver’s Sur-reply to Motion to Modify
- Receiver’s Report #3
- Motion for Authority to Sell Automobiles and Gold
- Order Granting Receiver’s Motion on Notifications of Investors
- Preliminary Injunction Order 3-13-13
- Fee Applications #2:
- Cotton Driggs 1st Interim Fee App
- Receiver’s Forensic Accounting Report – Part One
- Receiver’s Report #4
- Motion for Authority to Pursue LinMar Claims
- Fee Applications #3:
- Receiver’s Valuation Report & Exhibits
- Receiver’s Motion to Sell Office Equipment and Relocate
- Court Order RE: Prel Injunction, GP’s, Valuation Rpt, & LinMar
- Schooler’s Ntc of Mtn for Reconsideration of Courts Order Modifying PI
- Ps&As – Schooler’s Ntc of Mtn for Reconsideration of Courts Order Modifying PI
- POS – Schooler’s Ntc of Mtn for Reconsideration of Courts Order Modifying PI
- Schooler’s Mtn for OST – Mtn for Reconsideration of Courts Order Modifying PI
- Schooler’s Request for Oral Argument – Mtn for Reconsideration of Courts Order Modifying PI
- Fee Applications #4
- 5th Interim Report
- Receiver’s Forensic Accounting Report – Part Two
- Mtn for Stay Pending Appeal
- 6th Interim Report
- Ex Parte Request re Use of GP Funds to Pay Mortgages
- Fee Applications #5
2014 Court Filings
- Fee Applications #5
- 7th Interim Report
- Order Approving 7th Interim Report
- Schooler’s Mtn for Reconsideration of Receiver’s 7th Report
- Ps&As – Schooler’s Mtn for Reconsideration of Receiver’s 7th Report
- Schooler Dec – Schooler’s Mtn for Reconsideration of Receiver’s 7th Report
- Order Denying Schooler’s Mtn for Reconsideration of Receiver’s 7th Report
- Receiver’s Response to Schooler’s Motion for Reconsideration of Approval of 7th Interim Report
- SEC’s Response to Schooler’s Motion for Reconsideration
- Schooler’s Reply in Support of his Motion for Reconsideration
- Fee Applications #6
- Orders Regarding Summary Judgment Motions – GPs as Securities & Receivership
- SEC’s May 9, 2014 Response to Court’s Reconsideration of 8-16 Order
- Schooler’s May 9, 2014 Response to Court’s Reconsideration of 8-16 Order; Declaration
- SEC’s May 23, 2014 Responsive Brief to Court’s Reconsideration of 8-16 Order
- Schooler’s May 23, 2014 Responsive Brief to Court’s Reconsideration of 8-16 Order
- Defendant’s Motion to Remove Western from Receivership
- Defendant’s Motion to Remove Western from Receivership
- Ps&As – Defendant’s Motion to Remove Western from Receivership
- Receiver’s May 9, 2014 Response to Schooler’s Motion to Remove Western & Court’s Reconsideration of its August 16 Order
- SEC’s May 9, 2014 Response to Schooler’s Motion to Remove Western
- Schooler’s May 23, 2014 Reply in Support of Motion
- Order Denying Motion to Remove Western from Receivership
- Receiver’s 8th Interim Report
- Fee Applications #7
- Receiver’s 7th Fee Application
- Allen Matkins 7th Fee Application
- Order on Seventh Interim Fee Applications
- Schooler’s Opposition – 7th Fee Application
- Schooler’s Declaration – 7th Fee Application
- Receiver’s Reply – 7th Fee Application
- Rodriguez’s Declaration – 7th Fee Application
- Order Granting Fee Applications
- Order on Reconsideration of Releasing the GPs from the Receivership
- Receiver’s 9th Interim Report
- Plaintiff Motion re Balloting & Receivership Website
- Defendants’ Motion re Balloting & Receivership Website
- Dyson Declaration re Defendants’ Motion re Balloting & Receivership Website
- Receiver’s Opp – Schooler’s Mtn for PI Against Receiver Re GP Balloting
- SEC’s Joinder – Receiver’s Opp – Schooler’s Mtn for PI Against Receiver Re GP Balloting
- Defendants’ Reply re Motion re Balloting & Receivership Website
- Order Denying Defendants’ Motion re Balloting & Receivership Website
- Fee Applications #8
- Receivers Motion for Contempt
- Receiver’s Report and Recommendations re: General Partnerships
- Receiver’s Report and Recommendations Regarding General Partnerships and Exhibits A-E
- Declaration of Hebrank and Exhibits A – B
- Legal Size Version of Exh A Schedule
- Defendant’s Response to Receiver’s GP Report and Recommendations
- SEC Response to Receiver’s Report and Recommendations
- Order Rescheduling Receivership Hearing
- Order Keeping GPs Under Receivership
- Defendant’s Motion to Remove Receiver
2015 Court Filings
- Receiver’s Report and Recommendations re: General Partnerships
- Receiver’s Report and Recommendations Regarding General Partnerships and Exhibits A-E
- Declaration of Hebrank and Exhibits A – B
- Legal Size Version of Exh A Schedule
- Defendant’s Response to Receiver’s GP Report and Recommendations
- SEC Response to Receiver’s Report and Recommendations
- Order Rescheduling Receivership Hearing
- Order Keeping GPs Under Receivership
- Defendant’s Motion to Remove Receiver
- Hettinger Tax Filing Letter
- Receiver’s Report on Investor Balloting – Silver Springs North, Washoe 3, Washoe 5, Minden, Stead & Las Vegas 2
- Receiver’s 10th Interim Report
- Fee Applications #9
- Receiver’s Proposed Investor Information Packet
- Receiver’s Recommendations re: Course of Action for GPs
- Receiver’s 11th Interim Report
- Schooler Disgorgement Order
- Fee Applications #10
- Fee Applications #11
- Receiver’s 12th Interim Report
- Fee Applications #12
- Receiver’s 13th Interim Report
- Fee Applications #13
2016 Court Filings
- Receiver’s 13th Interim Report
- Fee Applications #13
- Receiver’s Recommended Brokers for Listing 5 GP Properties
- Receiver’s Motion for Authority to Conduct Sale of GP Properties
- Notice of Motion for Authority to Conduct Sale of GP Props
- Mtn for Authority to Conduct Sale of GP Props
- SEC Response to Receiver’s Motion to Sell GP Props
- Atty Dillon Response to Distribution Motion
- Atty Aguirre Response to Distribution Motion
- Ex Parte Mtn Re Withdrawal Mis-Stmt of Fact – Atty Aguirre Opp – Mtn for Authority to Conduct Sale of GP Props
- Receiver’s Reply – Atty Dillon Opp – Mtn for Authority to Conduct Sale of GP Props
- Receiver’s Reply – Atty Aguirre Opp – Mtn for Authority to Conduct Sale of GP Props
- Atty Aguirre Ex Parte Motion to File Supplemental Response
- SEC Response in Opposition to Aguirre Ex Parte Motion
- Order Granting-Denying – Mtn for Authority to Conduct Sale of GP Props & Atty Aguirre Mtn for Trial
- Proposal Re Modified Orderly Sale Process
- Receiver’s 14th Interim Report
- Ex Parte Application for Order Confirming Jamul Property Sale
- Ex Parte Application for Time to File Opposition
- Receiver’s Response to Ex Parte Application re: Jamul Sale
- Movants Reply to Receiver’s Response
- Notices of Joinder filed by Gary Aguirre
- Receiver’s Supplemental Brief on Jamul Sale
- Order Re Recs Re Dayton I & IV Fernley I LV2 & Stead Etc
- Jamul Valley Sale Motion
- Notice of No Overbidders for Jamul Property Sale
- Atty Aguirre Late Opposition to Jamul Property Sale
- Receiver’s Response to Atty Aguirre Late Opposition
- Order Approving Jamul Property Sale
- Receiver’s Recommendation Re: Engagement of Real Estate Brokers for Las Vegas 1, Las Vegas 2, and Tecate Properties
- Movant’s Ex Parte Opposition to Receiver’s Motion
- Receiver’s Response to Movant’s Opposition
- Movant’s Reply to Receiver’s Response
- Atty Dillon Ex Parte Application
- Atty Aguirre Joinder
- Receiver’s Notice of Intent to Respond
- Receiver’s Response to Opposition
- Order Re Recs Re Dayton I & IV Fernley I LV2 & Stead Etc
- SEC’s Omnibus Submission re Pending Motions
- Atty Dillon Motion to Unseal Documents
- Atty Aguirre Motion for Accounting
- Atty Aguirre Refiled Accounting Motion
- Atty Dillon Partial Joinder – Atty Aguirre Mtn for Accounting or Audit
- Receiver’s Opposition to Atty Aguirre Accounting Motion
- Atty Aguirre Ex Parte Mtn and Dec for Order Setting Evid Hrg and Disc Schedule
- Atty Aguirre Investors Response to Receivers & SEC Opposition
- Atty Aguirre Motion to Vacate Prior Orders GP Sale
- Court’s Order for Additional Briefing and Denial of Investor’s Motions
- Receiver’s Court-Ordered Proposal Re GPs
- Receiver’s Ex Parte Motion to File Supplemental Response
- Atty Aguirre Ex Parte Motion to File Addn Opposition to Receiver’s Court Ordered Proposal
- Receiver’s Opp – Atty Aguirre Ex Parte Mtn to File Opp – Receiver’s Court-Ordered Proposal Re GPs
- SEC’s Opp – Atty Aguirre Ex Parte Mtn to File Opp – Receiver’s Court-Ordered Proposal Re GPs
- Court Order Approving Modified Orderly Sales Process
- Attys Aguirre & Dillon Motions to Intervene
- Atty Aguirre Motion to Intervene
- Atty Dillon Motion to Intervene
- Receiver’s Opp – Atty Aguirre Motion to Interevene
- Receiver’s Opp – Atty Dillon Motion to Interevene
- SEC Opposition to Motions to Intervene
- Atty Dillon Reply – Atty Dillon Motion to Intervene
- Atty Aguirre Reply re Intervention Motion
- Atty Aguirre Investor Request For Judicial Notice
- Atty Aguirre Reply ISO Motion To Intervene
- SEC’s Opposition to Mtns to Intervene
- Order Granting Limited Intervention
- Order Denying Atty Aguirre Mtn to Intervene & File Excess Pgs
- Atty Aguirre Appeal of Intervention Order
- Motion for Sale of Reno View and Reno Vista Properties
- Motion for Sale of Western’s Silver Springs Property
- Atty Aguirre Notice of Appeal
- Atty Aguirre Motion to Appeal and Stay
- Receiver’s Oppositions to Motion to Stay and Appeal
- SEC’s Opposition to Atty Aguirre Stay Pending Appeal
- Atty Aguirre Reply to Oppositions
- Receiver’s Motion to Dismiss
- Atty Aguirre Opposition to Motion to Dismiss
- Receiver’s Reply to Opposition to Motion to Dismiss
- Court Order Denying Stay Pending Appeal
- Atty Aguirre Voluntary Dismissal of Appeals
- Receiver’s 15th Interim Report
- Fee Applications #14
- Fee Applications #15
- Receiver’s Motion to Engage CBRE as Real Estate Consultant
- Receiver’s 16th Interim Report
- Atty Aguirre Motion to Intervene on Behalf of Addn Investors
- Atty Aguirre Motion for Stay (District Court)
- Atty Aguirre Urgent Motion for Stay Pending Appeal (Ninth Circuit)
- Receiver’s Opposition to Atty Aguirre Urgent Motion for Stay
- SEC Opposition to Atty Aguirre Urgent Motion for Stay
- Atty Aguirre Reply to SEC Opposition
- Atty Aguirre Reply to Receiver’s Opposition
- 9th Circuit Court Denial of Stay
- Atty Aguirre Voluntary Dismissal of Appeals
- Court Order Approving Voluntary Dismissal
- Atty Aguirre Amended Notices of Appeals
- SEC Motion to Consolidate Atty Aguirre Appeals
- Fee Applications #16
- Atty Aguirre Motion to Intervene and Oppose Interim Report Revisions
- Ex Parte Motion to Hire Brokers for Yuma & Minden Properties
- Atty Aguirre Ex Parte Refiled Motion Regarding Sealed Motions
- Receiver’s Report re: Xpera & CBRE Recommendations
- Receiver’s Motion to Expedite Atty Aguirre Appeal of Jamul Valley Sale Order
- Receiver’s 17th Interim Report
- Atty Aguirre Urgent Motion for Stay Pending Appeal
- Receiver’s Opposition to Atty Aguirre’s Urgent Motion
- SEC’s Opposition to Atty Aguirre’s Urgent Motion
- Atty Aguirre Reply to Opposition
- SEC’s Response to Aguirre Supplemental Brief
- Receiver’s Response to Aguirre Supplemental Brief
- Aguirre Reply to Receiver Response
- Aguirre Reply to SEC Response
- 9th Circuit Court Denial of Stay
- Atty Aguirre Voluntary Dismissal of Appeals
- Court Order Approving Voluntary Dismissal
2017 Court Filings
- Atty Aguirre Urgent Motion for Stay Pending Appeal
- Receiver’s Opposition to Atty Aguirre’s Urgent Motion
- SEC’s Opposition to Atty Aguirre’s Urgent Motion
- Atty Aguirre Reply to Opposition
- SEC’s Response to Aguirre Supplemental Brief
- Receiver’s Response to Aguirre Supplemental Brief
- Aguirre Reply to Receiver Response
- Aguirre Reply to SEC Response
- 9th Circuit Court Denial of Stay
- Atty Aguirre Voluntary Dismissal of Appeals
- Court Order Approving Voluntary Dismissal
- Motion for Sale of Honey Springs Properties
- Fee Applications #17
- Receiver’s 18th Interim Report
- Receiver’s Motion for Sale of Reno Partners Property
- Receiver’s Motion for Sale of Freetrade Property
- Fee Applications #18
- Receiver’s Motion for Authority to Quiet Title Santa Fe Property
- Receiver’s Motion for Sale of Valley Vista Property
- Receiver’s 19th Interim Report
- Receiver’s Motion for Sale of Bratton View Property
- Fee Applications #19
- Receiver’s 20th Interim Report
- Receiver’s Motion for Sale of LV Kade Property
- Receiver’s Motion for Sale of Park Vegas Property
- Receiver’s Motion for Sale of Washoe V Property
- Receiver’s Motion for Sale of Production Partners Property
- Receiver’s Motion for Sale of Silver Springs North Property
- Fee Applications #20
- Receiver’s Motion for Sale of Silver State Property
- Receiver’s Motion for Claims Approval & Dissolution of GPs
- Order Changing Court Date to 12-15-17 and Setting Filing Deadlines
- SEC’s Statement of Support for Receiver’s Motion for Order
- Jenkins’ Opposition to Receiver’s Motion
- Receiver’s Reply to Jenkins’ Opposition
- Order Granting in Part Receiver’s Motion
- Order Setting Briefing Schedule on Disputed Investor Claims
- Order Granting Remaining Portion to Resolve Disputed Claims
- Receiver’s 21st Interim Report
- Receiver’s Motion for Sale of Dayton IV Property
- Fee Applications #21
- Receiver’s Motion to Hire Brokers for Dayton II, Dayton III, Silver Springs South, Stead, and Washoe IV Properties
2018 Court Filings
- Receiver’s Motion to Hire Brokers for Dayton II, Dayton III, Silver Springs South, Stead, and Washoe IV Properties
- Receiver’s 22nd Interim Report
- Motion for Amended Order Authorizing GP Transfers
- Receiver’s Motion for Sale of Dayton II Property
- Receiver’s Motion to Make Interim Distribution
- Fee Applications #22
- Receiver’s Motion for Sale of International Property
- Receiver’s 23rd Interim Report
- Receiver’s Motion for Sale of Washoe V Property
- Receiver’s Motion for Sale of Las Vegas 2 Property
- Fee Applications #23
- Receiver’s Motion for Sale of Twin Plant Property
- Receiver’s Motion for Sale of Tecate South Property
- Receiver’s Motion for sale of Stead Property
- Receiver’s 24th Interim Report
- Receiver’s Motion for Sale of Washoe IV Property
- Fee Applications #24
- Receiver’s 25th Interim Report
- Receiver’s Motion for Sale of Dayton I Property
- Receiver’s Motion for Sale of Freetrade Property
- Receiver’s Motion for Sale of Borderland Property
2019 Court Filings
- Fee Applications #25
- Receiver’s 26th Interim Report
- Receiver’s Motion for Sale of Fernley Property
- Receiver’s Motion for Sale of Remaining Stead 1 Property
- Receiver’s Motion to Make 2nd Interim Distribution
- Fee Applications #26
- Receiver’s 27th Interim Report
- Receiver’s Motion for Sale of ABL/Mex-Tec Property
- Receiver’s Motion for Sale of Vista Tecate Property
- Fee Applications #27
- Receiver’s Motion for Sale of Yuma Properties
- Receiver’s 28th Interim Report
- Fee Applications #28
- Receiver’s 29th Interim Report
2020 Court Filings
- Fee Applications #29
- Receiver’s 30th Interim Report
- Fee Applications #30
- Receiver’s 31st Interim Report
- Receiver’s Motion for Sale of Santa Fe Property
- Receiver’s Motion for Sale of Washoe III Property
- Receiver’s Motion for Sale of Minden Property Acreage
- Receiver’s Motion for the Sale of Dayton III Property
- Fee Applications #31
- Receiver’s Motion for Sale of Silver Springs Property
- Receiver’s 32nd Interim Report
- Fee Applications #32
- Receiver’s 33rd Interim Report
- Fee Applications #33
- Receiver’s Motion for Sale of Dayton Property
2021 Court Filings
Thomas C. Hebrank
Principal