Securities and Exchange Commission v. Small Business Capital Corp. et al

Filing 898

Order granting #762 Motion for Order of Sale. Signed by Hon. Edward J. Davila on 5/9/2014.(ejdlc3, COURT STAFF) (Filed on 5/9/2014) (Additional attachment(s) added on 5/9/2014: #1 Certifcate of Service) (ecg, COURT STAFF).

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

United States District Court
For the Northern District of California

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SAN JOSE DIVISION

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SECURITIES AND EXCHANGE
COMMISSION,

)
)
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Plaintiff,
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v.
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SMALL BUSINESS CAPITAL CORP.; MARK )
FEATHERS; INVESTORS PRIME FUND,
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LLC; and SBC PORTFOLIO FUND, LLC,
)
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Defendants.
)
)

Case No. 5:12-CV-03237-EJD
ORDER GRANTING APPROVAL OF
SALE PROCEDURES FOR LOAN
PORTFOLIOS AND 7(a) LICENSE;
AUTHORIZING ENGAGEMENT OF
VOIT REAL ESTATE SERVICES LP
AS BROKER

[Re: Docket Item No. 762]

Presently before the Court is Receiver Thomas A. Seaman’s Motion for (A) Approval of

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Sales Procedures for Loan Portfolios and 7(a) License and (B) Authority to Engage Voit Real

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Estate Services LP as Broker. Having fully reviewed the parties’ pleadings and after hearing oral

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argument, the Court orders as follows:

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1.

The Motion is GRANTED;

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2.

The procedures for the sales of the 7(a) Loans and SBLC Lending License, and the

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504 Loans and Non-SBA Loans laid out in the Motion and exhibits thereto are approved;

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3.

The requirements of 28 U.S.C. § 2004 are waived for such sales;

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4.

The Receiver is authorized to engage Voit Real Estate Services LP (“Voit”) as

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broker for the sales on the terms and conditions as specified in the Listing Agreement attached as
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Case No. 5:12-CV-03237-EJD
ORDER GRANTING APPROVAL OF SALE PROCEDURES FOR LOAN PORTFOLIOS AND
7(a) LICENSE; AUTHORIZING ENGAGEMENT OF VOIT REAL ESTATE SERVICES LP AS
BROKER

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Exhibit A to the Declaration of Thomas Seaman in Support of the Motion, subject to Court

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approval of the final commission to be paid to Voit.

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IT IS SO ORDERED

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Dated: May 9, 2014

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_________________________________
EDWARD J. DAVILA
United States District Judge

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United States District Court
For the Northern District of California

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Case No. 5:12-CV-03237-EJD
ORDER GRANTING APPROVAL OF SALE PROCEDURES FOR LOAN PORTFOLIOS AND
7(a) LICENSE; AUTHORIZING ENGAGEMENT OF VOIT REAL ESTATE SERVICES LP AS
BROKER