Helton et al v. Vision Bank

Filing 38

Charging Order Against J. Philip Helton - pursuant to Rule 69(a)(1) of the Federal Rules ofCivil Procedure and Section 10A-5-6.05 of the Alabama Code, the financial interests of J. PhilipHelton in The Beach Party, LLC, Dalton & Helton, LLC, GC Develo pment, LLC, AlabamaGetaway, LLC, and PK Management, LLC (collectively, the Limited Liability Companies) be charged with payment of the Judgment rendered in this action (less any payments or creditsreceived), any accrued interest thereon, and costs.It is FURTHER ORDERED that said Limited Liability Companies are to report and todistribute to Vision Bank any amounts that are otherwise to become due or distributable to J.Philip Helton.. Signed by Judge Kristi K. DuBose on 12/23/2011. (cmj)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ALABAMA
SOUTHERN DIVISION
J. PHILIP HELTON,
Plaintiff/Counterclaim-Defendant,

)
)
)
and
)
)
J. PHILIP HELTON REAL ESTATE AND )
DEVELOPMENT, INC.,
) CIVIL ACTION NO. 10-00563-KD-N
Plaintiff,
)
)
v.
)
)
VISION BANK,
)
Defendant/Counterclaim-Plaintiff.
)

CHARGING ORDER AGAINST J. PHILIP HELTON
Whereas, on September 8, 2011, this Court entered Judgment in favor of
Defendant/Counterclaim-Plaintiff Vision Bank and against Plaintiff/Counterclaim-Defendant J.
Philip Helton in the principal amount of $398,435.67, plus accrued and unpaid interest in the
amount of $26,460.00, default interest of $36,509.43, late charges of $546.09, and $7,038.86 of
other charges and fees, for a total amount of $468,990.05, as of July 15, 2011, with per diem
interest in the amount of $35.97 continuing to accrue on the principal amount from July 15, 2011
until the date of Judgment (Doc. 32), and whereas this Court has since granted Vision Bank’s
Application for a Charging Order Against J. Philip Helton’s Interests in LLCs (Doc. 37), it is
hereby ORDERED and ADJUDGED that, pursuant to Rule 69(a)(1) of the Federal Rules of
Civil Procedure and Section 10A-5-6.05 of the Alabama Code, the financial interests of J. Philip
Helton in The Beach Party, LLC, Dalton & Helton, LLC, GC Development, LLC, Alabama
Getaway, LLC, and PK Management, LLC (collectively, the “Limited Liability Companies”) be

1

charged with payment of the Judgment rendered in this action (less any payments or credits
received), any accrued interest thereon, and costs.
It is FURTHER ORDERED that said Limited Liability Companies are to report and to
distribute to Vision Bank any amounts that are otherwise to become due or distributable to J.
Philip Helton.
DONE and ORDERED this the 23rd day of December 2011.
/s/ Kristi K. DuBose
KRISTI K. DuBOSE
UNITED STATES DISTRICT JUDGE

2