Securities and Exchange Commission v. Nadel et al

Filing 1311

DECLARATION of Burton W. Wiand re 1310 Verified MOTION for miscellaneous relief, specifically to Enforce Constructive Trust through Turnover of Real Property, or in the Alternative, through Foreclosure of the Receiver's Equitable Lien by Burton W. Wiand. (Attachments: # 1 Exhibit A - Doc 29 Order granting partial motion for summary judgment, # 2 Exhibit B - Final Judgment, # 3 Exhibit C - BK Case Doc 39 Order Granting Motion to Confirm Termination or Absence of Stay or Alternatively Relief From the Automatic Stay, # 4 Exhibit D - AQ Doc 115 Motion to transfer, # 5 Exhibit E - AQ Doc 182 ORDER granting 115 Motion to transfer; granting 117 Motion to transfer, # 6 Exhibit F - AQ Doc 184 Turnover Order, # 7 Exhibit G - 1 (pages 1-25) - AQ Doc 258 MOTION for confirmation of sale of Realty - with exhibits, # 8 Exhibit G - 2 (pages 25-50) - AQ Doc 258 MOTION for confirmation of sale of Realty - with exhibits-2, # 9 Exhibit G - 3 (pages 51-101) - AQ Doc 258 MOTION for confirmation of sale of Realty - with exhibits-2, # 10 Exhibit H - AQ Doc 263 FINAL JUDGMENT CONFIRMING RECEIVER'S SALE OF REALTY, # 11 Exhibit I - Hudgins Doc 264 Order Approving Sale of Real Propert)(Lamont, Michael)

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.
/

DECLARATION OF BURTON W. WIAND
IN SUPPORT OF THE MOTION TO ENFORCE CONSTRUCTIVE TRUST
THROUGH TURNOVER OF REAL PROPERTY, OR IN THE ALTERNATIVE,
THROUGH FORECLOSURE OF THE RECEIVER’S EQUITABLE LIEN
Burton W. Wiand declares as follows:
1.

I am an attorney with Wiand Guerra King P.A. in Tampa, Florida.

2.

Attached hereto as Exhibit A is a true and correct copy of the Bankruptcy

Court’s order granting the Receiver’s Motion for Partial Summary Judgement (Bankr. Doc.
29).

3.

Attached hereto as Exhibit B is a true and correct copy of the Final Judgment

entered by the Bankruptcy Court (Bankr. Doc. 36).
4.

Attached hereto as Exhibit C is a true and correct copy of the Bankruptcy

Court’s Order Granting Motion to Confirm Termination or Absence of Stay, or Alternatively,
Relief from Automatic Stay (Bankr. Doc 39)
5.

Attached hereto as Exhibit D is a true and correct copy of the Aquacell

receiver’s Motion for Turnover (AQ Doc 115).
6.

Attached hereto as Exhibit E is a true and correct copy of the order granting

the Aquacell receiver’s Motion for Turnover (AQ Doc 182).
7.

Attached hereto as Exhibit F is a true and correct copy of the final Turnover

Order prepared by the Aquacell receiver (AQ Doc. 184).
8.

Attached hereto as Exhibit G is a true and correct copy of the Aquacell

receiver’s Motion for Confirmation of Sale of Realty (AQ Doc 258).
9.

Attached hereto as Exhibit H is a true and correct copy of the Aquacell

receiver’s Final Judgment Confirming Receiver’s Sale of Realty (AQ Doc 263).
10.

Attached hereto as Exhibit I is a true and correct copy of the Order Approval

Sale of Real Property in the (Hudgins Doc 264).
I DECLARE under the penalty of perjury that the foregoing is true and correct and is
executed this 15th day of September, 2017.
/s/ Burton W. Wiand
Burton W. Wiand, Receiver

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