BLX Capital, LLC v. Dara Petroleum, Inc. et al

Filing 185

ORDER signed by Senior Judge William B. Shubb on 9/5/2017 GRANTING 183 Receiver's Motion Approving and Settling Receiver's Final Report and Accounting. (Kirksey Smith, K)

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1 2 3 4 5 6 7 8 9 KEVIN SINGER FEDERAL COURT RECEIVER RECEIVERSHIP SPECIALISTS 980 9th Street, 16th Floor Sacramento, CA 95814 TELEPHONE (916) 449-9655 FACSIMILE (916) 446-7104 E-mail: Kevin@ReceivershipSpecialists.com Federal Court Receiver Property: Gas Station 3499 El Camino Avenue Sacramento, CA UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 HSBC BANK USA, National Association, as ) Indenture Trustee for the benefit of the Note ) holders and the Certificate holders of ) Business Loan Express Business Loan Trust ) 2005-A, ) ) ) Plaintiff, ) ) vs. ) ) DARA PETROLEUM, INC. dba WATT ) AVENUE EXXON, a California ) Corporation; SARBJIT S. KANG, an ) individual; NARGES EGHTESADI, an ) individual; U.S. SMALL BUSINESS ) ADMINSTRATION, a United States ) government agency; and DOES 1 through 20, ) inclusive, ) ;jads;f ) Defendants. asdfadf ) ?C ) ) ) ) ) ) ) ) ) ) ) ) ) CASE NO. 2:09-CV-02356- WBS -EFB ORDER: RECEIVER’S NOTICE OF MOTION AND MOTION FOR ORDER: 1) Approving and Settling Receiver’s Final Report and Accounting; 2) Approving Final Compensation and Reimbursement of Expenses of Receiver; 3) Exonerating All Bonds; 4) Retaining Jurisdiction regarding this Receivership Memorandum of Points and Authorities and Declaration of Kevin Singer in Support Thereof Page 1 _______________________________________________________________________________________________ [PROPOSED] ORDER 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 TO: RESPECTIVE ATTORNEYS OF RECORD: The Receiver’s RECEIVER’S NOTICE OF MOTION AND MOTION FOR 18 19 20 21 22 23 24 25 26 27 28 THE PLANTIFF, DEFENDANTS, INTERESTED PARTIES AND THEIR ORDER: 1) Approving and Settling Receiver’s Final Report and Accounting; 2) Approving Final Compensation and Reimbursement of Expenses of Receiver; 3) Exonerating All Bonds; 4) Retaining Jurisdiction regarding this Receivership; Memorandum of Points and Authorities and Declaration of Kevin Singer in Support Thereof came before this Court for hearing on September 5, 2017 in Dept. 5 of the United States District Court – Eastern District of California. Appearances were as noted in the record at the time of the hearing. The Court, having reviewed the motion, reviewed any other pleadings and/or documents submitted in support or opposition to the motion, heard oral argument at the time of the hearing, and good cause appearing therefore: Page 2 _______________________________________________________________________________________________ [PROPOSED] ORDER 1 IT IS HEREBY ORDERED AS FOLLOWS: 2 1. 3 4 The Court approves and settles Receiver’s Final Accounting and Report as presented. 2. The Court approves Receiver’s fees and expenses for services rendered from 5 May 2, 2014, through this hearing, with fees in the amount of $153,670.00 and expenses in the 6 amount of $7,966.62. 7 8 9 10 11 3. If supplemental pleadings are later submitted, the Court will consider approving fees and expenses Receiver submits to the Court in such supplemental pleadings. 4. The Court orders Receiver to pay himself his total outstanding fees and expenses in the amount of $5,017.50 from the funds in the Receivership Estate trust accounts. 5. The Court instructs Receiver to pay the net balance of funds in the Receivership 12 Estate trust accounts (after Receiver pays himself his outstanding fees and expenses) in the total 13 amount of $11,533.20 to Manpreet Singh and Randip S. Manrao as Trustee of the Manrao 14 Family Trust. 15 6. The Court exonerates all bonds posted herein by Receiver and/or the Plaintiff. 16 7. The Court retains jurisdiction over any matters or claims which may later arise 17 18 19 concerning this Receivership Estate. 8. The Court discharges Receiver and terminates the Receivership; and Dated: September 5, 2017 20 21 22 23 24 25 26 27 28 Page 3 _______________________________________________________________________________________________ [PROPOSED] ORDER

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