This website was last updated August 16, 2018, at 9:00 a.m. Welcome to the Total Wealth Management Receivership website. This Website has been established to facilitate efficient communications between investors, creditors, former employees, and other interested parties of Total Wealth Management, Inc. and all of its subsidiaries and affiliates, including Altus Capital Management, LLC (the “Receivership entities”) and their court-appointed receiver, Thomas A. Seaman (the "Receiver"). This website will be updated with new developments in the receivership in reverse chronological order.
If you oppose the Receiver's Motion, you must file your written opposition with the Office of the Clerk, United States District Court, 880 Front Street, Suite 4290, San Diego, CA 92101-8900, and serve the same on the Receiver’s attorneys, David Zaro or Joshua Del Castillo of Allen Matkins Leck Gamble Mallory & Natsis LLP, not later than fourteen (14) days prior to the above-referenced hearing date. The motion for this hearing is calendared for September 17, 2018, at 10:00 a.m.
NOTICE OF CLAIMS BAR DATE; CLAIM FORM WITH INSTRUCTIONS
SEC v. Total Wealth Management, Inc., et al, Case No. 15-cv-00226-BAS-DHB
The United States District Court for the Southern District of California has set May 8, 2017, as the Claims Bar Date for the submission of claims in the Receivership in this action. Any person who believes they have a claim of any type against TOTAL WEALTH MANAGEMENT, INC.; ALTUS CAPITAL MANAGEMENT, LLC; ALTUS FOCUSED GROWTH PORTFOLIO SERIES, LP; ALTUS INCOME PORTFOLIO SERIES, LP; ALTUS CONSERVATIVE PORTFOLIO SERIES, LP; ALTUS MODERATE GROWTH PORTFOLIO SERIES, LP; ALTUS MODERATE PORTFOLIO SERIES, LP; ALTUS GROWTH PORTFOLIO SERIES, LP; and ALTUS CAPITAL OPPORTUNITY FUND, LP; or their subsidiaries and affiliates must send a Claim Form to Thomas Seaman, Receiver for Total Wealth Management, Inc. et al, 3 Park Plaza, Suite 550, Irvine, California 92614 to submit a claim. Do not file your Claim Form with the Court. Claim Forms must be received by the Receiver on or before May 8, 2017, at 5:00 PM P.S.T. or you will lose your right to receive any distribution from the Receivership Estate and your claim will be forever barred. Additional information and Claim Forms can be obtained at https://www.totalwealthreceiver.com.
The fee application details work performed by the Receiver from July 1, 2015, through December 31, 2015. The Receiver and his staff worked 411.3 hours executing the duties set forth in the Temporary Restraining Order and Order Appointing Receiver and subsequent orders of the Court. Exhibit A includes the July 2015 through December 2015 timeslips, which detail all fees sorted by task then by timekeeper. Exhibit B Summary By Timekeeper summarizes fees by timekeeper. A Proof of Service is also attached. The application of the Receiver seeks approval of the fee application and authorization to pay 90% of approved fees.
The fee application details work performed by the Receiver from February 1, 2015, through June 30, 2015. The Receiver and his staff worked 1,014.6 hours executing the duties set forth in the Temporary Restraining Order and Order Appointing Receiver and subsequent orders of the Court. Exhibit A includes the February 2015 through June 2015 timeslips, which detail all fees sorted by task then by timekeeper. Exhibit B Summary By Timekeeper summarizes fees by timekeeper. Exhibit C Summary By Task summarizes fees by type of task performed. The application of the Receiver seeks approval of the fee application and authorization to pay 90% of approved fees.
INITIAL REPORT, RECOMMENDATIONS AND PETITION FOR INSTRUCTIONS OF RECEIVER On March 12, 2015, the Receiver filed with the Court her INITIAL REPORT AND RECOMMENDATIONS AND PETITION FOR INSTRUCTIONS OF RECEIVER, KRISTEN A. JANULEWICZ [Dkt. No. 17] . The report discusses the Receiver’s investigation of the business and financial activities of the Receivership Entities, as well as her efforts to recover the assets of the Receivership Entities. There will be no oral argument before the Court unless requested by the Court. If requested, the hearing will be calendared for April 20, 2015.