Securities and Exchange Commission v. Nadel et al

Filing 1302

Unopposed MOTION for APPROVAL OF THE SALE OF (1) CERTAIN ASSETS OF QUEST ENERGY MANAGEMENT, INC. AND (2) DISPOSITION OF OTHER ASSETS OF QUEST ENERGY MANAGEMENT, INC. WITHOUT FURTHER ORDER FROM THE COURT by Burton W. Wiand. (Attachments: # 1 Exhibit Ex 1 - Order, # 2 Exhibit Ex 2 - Hatchett Equipment Inventory, # 3 Exhibit Ex 3 - Copies of Orders)(Perez, Jared) Modified relief and text on 8/15/2017 (KMM).

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EXHIBIT 1 UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA TAMPA DIVISION SECURITIES AND EXCHANGE COMMISSION, Plaintiff, v. ARTHUR NADEL, SCOOP CAPITAL,LLC, SCOOP MANAGEMENT,INC., Defendants. CASE NO.: 8:09-cv-0087-T-26TBM SCOOP REAL ESTATE,L.P., VALHALLA INVESTMENT PARTNERS, L.P., VALHALLA MANAGEMENT,INC., VICTORY IRA FUND,LTD, VICTORY FUND,LTD, VIKING IRA FUND,LLC, VIKING FUND,LLC,AND VIKING MANAGEMENT,LLC. Relief Defendants. ORDER Before the Court is the Receiver's Unopposed Verified Motion for the Approval of the Sale of (1) Certain Assets of Quest Energy Management, Inc. and (2) Disposition of Other Assets of Quest Energy Management, Inc. Without Further Order from the Court (the "Motion")(Dkt. ). Upon due consideration of the Receiver's powers as set forth in the Order Appointing Receiver (Dkt. 8), the Orders Reappointing Receiver (Dkts. 140, 316, 493, 935, and 984), and applicable law, it is ORDERED AND ADJUDGED that the Motion is GRANTED. The Receiver is hereby authorized to sell the certain Assets identified the Motion. The Receiver is also authorized the sell or otherwise dispose of, using commercially reasonable efforts, the remaining Assets identified in Exhibit 2 of the Motion without further order from the Court. The sale of the Assets shall be free and clear of any and all claims, liens, and encumbrances. The Court finds that the sale of the Assets described in the Motion is in the best interest of the Receivership estate for the reasons detailed in the Motion. The Court also finds that, to the extent 28 U.S.C. §§ 2001 and 2004 apply to the sale reflected in the Motion, the Motion includes sufficient grounds for waiving the requirements of 28 U.S.C. § 2001(b) for three independent appraisals and publication of the terms of the sale under the discretion afforded this Court by 28 U.S.C. § 2004. DONE and ORDERED in chambers in Tampa, Florida this , 2017. RICHARD A. LAZZARA UNITED STATES DISTRICT JUDGE COPIES FURNISHED TO: Counsel of Record 2 day of

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