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).

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

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