USA v. JHW Greentree Capital, L.P.

Filing 25

ORDER: In light of the Court's 23 ORDER granting in part and denying in part Motion for Entry of an Order Approving the Form and Manner of Notice to Claimants and Establishing Claims Bar Date, and in light of the Receiver's 24 Proposed Order, the Court adopts the attached Order Approving Form and Manner of Notice to Claimants. Signed by Judge Vanessa L. Bryant on 9/27/12. (Ives, D)

Case 3:12-cv-00116-VLB Document 24

Filed 09/21/12 Page 1 of 4

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF CONNECTICUT
_____________________________________
)
UNITED STATES OF AMERICA,
)
)
Plaintiff
)
)
v.
) Civ. No. 3:12-cv-0116 (VLB)
)
JHW GREENTREE CAPITAL, L.P.
)
)
Defendant
)
_____________________________________ )
ORDER
XXXXXXXX
Upon full consideration of the X
Unopposed Motion of the U.S. Small
Business Administration as Receiver for JHW Greentree Capital, L.P. for Entry of
an Order Approving the Form and Manner of Notice to Claimants and
Establishing a Claims Bar Date, and this Court being duly advised as to the
merits,
IT IS HEREBY ORDERED THAT:
1.

The Receiver's Motion for Entry of an Order Approving the Form

and Manner of Notice to Claimants and Establishing a Claims Bar Date is
GRANTED;
2.

Following the entry of this Order, the Receiver is ORDERED to

send notice, substantially in the form set forth as Exhibit "A" hereto, via first-class
mail, postage prepaid, to those persons or entities, other than the U.S. Small
Business Administration and parties contracted or retained by the U.S. Small
Business Administration as Receiver, which the Receiver has reason to believe
are creditors, agents, former directors or officers, employees, partners,

Case 3:12-cv-00116-VLB Document 24

Filed 09/21/12 Page 2 of 4

participant investors or lenders with Greentree, portfolio concerns or limited
partners of Greentree, and to any other persons or entities who have, during the
term of the receivership, asserted a claim (of whatever kind or merit) against
Greentree, the Greentree receivership estate, or assets or funds in the
possession of the Receiver;
3.

The Receiver is further ORDERED to publish notice, substantially

in the form set forth in Exhibit "A" hereto, once each week for two weeks in New
York Daily News and in the Stamford Advocate, newspapers of general
circulation;
4.

This Court further ORDERS that the notice provided in the form and

manner described in Paragraphs 2 and 3 of this Order is reasonable notice,
under the circumstances, to persons or entities who may have claims against
Greentree, the Greentree receivership estate, or assets or funds in the
possession of the Receiver;
5.

All persons or entities having claims against Greentree, or the

Greentree receivership estate, or assets or funds in the possession of the
Greentree, other than the U.S. Small Business Administration and parties
contracted or retained by the U.S. Small Business Administration as Receiver,
are ORDERED to file such claims in writing and in the form prescribed in
paragraph 6 of this Order, with the Receiver, attn: Michael Alpert, Principal Agent
for SBA, c/o Stephanie Sheridan, Receiver for JHW Greentree Capital LP, 1100
G Street, NW, 11th Floor, Washington, D.C. 20005, within thirty (30) days of the

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Case 3:12-cv-00116-VLB Document 24

Filed 09/21/12 Page 3 of 4

last day of notice by publication, which date will be stated in the mailed and
published notices;
6.

In setting forth a claim against Greentree, the Greentree

receivership estate or assets or funds in the possession of the Receiver, all
persons and entities are ORDERED to state in writing: (1) the full name and
address and telephone number of the claimant; (2) the amount of the claim; (3)
the specific grounds for each claim; and (4) the date on which the obligation was
allegedly incurred by Greentree. Such claimants shall also provide at the time of
filing such written claims any and all documents or other materials which the
claimant believes supports the claim or might assist the Receiver in evaluating
the claim;
7.

In the event that the Receiver recommends denial of any claim, it is

ORDERED that the Receiver is authorized and directed to move for summary
disposition of said claim(s) and to furnish a copy of the moving papers to the
claimant(s); in such case the claimant may respond within 30 days, serving a
copy of its response on the Receiver, and the Court will resolve said claim(s)
expeditiously through a summary procedure that the Court will determine at that
time; and
8.

To give effect to the "claims bar date" established in Paragraph 5 of

this Order, by which date claims must be filed or shall forever be barred, it is
further ORDERED that any persons or entities, other than the U.S. Small
Business Administration and parties contracted or retained by the U.S. Small
Business Administration as Receiver, which fail to file a claim against Greentree,

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the Greentree receivership estate, or assets or funds in the possession of the
Receiver, in the form and by the time and date required by this Order, shall be
forever barred and permanently enjoined from asserting, pursuing or prosecuting
any such claims, of any kind or nature, whether now known or unknown, against
Greentree, its Receiver, their successors or assigns, or against assets or funds in
the possession of the Receiver.
27th
September
SO ORDERED this ______ day of ___________, 201_.
2
/s/
______________________________________
The Honorable Vanessa L. Bryant
United States District Court Judge

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