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)

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EXHIBIT C Case 8:15-bk-01038-KRM Doc 39 Filed 08/16/17 Page 1 of 2 ORDERED. Dated: August 16, 2017 UNITED STATES BANKRUPTCY COURT MIDDLE DISTRICT OF FLORIDA TAMPA DIVISION In re: Chapter 7 VERNON M. LEE Case No. 8:15-bk-01038-KRM Debtor. ___________________________________/ ORDER GRANTING MOTION TO CONFIRM AUTOMATIC STAY IS NOT IN EFFECT OR, ALTERNATIVELY, FOR RELIEF FROM THE AUTOMATIC STAY THIS CASE came on for hearing on August 8, 2017 at 10:00 a.m. (the “Hearing”) upon the Motion to Confirm Automatic Stay is Not in Effect or, Alternatively, for Relief from the Automatic Stay (the “Motion”) (Doc. No. 37) filed by Burton W. Wiand, as Receiver for Valhalla Investment Partners, P.L., Viking Fund, LLC, Viking IRA Fund, LLC, Victory Fund, LTD., Victory IRA Fund, LTD., Scoop Real Estate. L.P., and Traders Investment Club (the “Receiver”). The Court, having reviewed the Motion, the record, and upon hearing argument of counsel at the Hearing, finds that the Motion should be granted. Accordingly, for the reasons stated in open Court which shall constitute the opinion of the Court, it is ORDERED: 1. The Motion is granted as set forth herein. 1 Case 8:15-bk-01038-KRM 2. Doc 39 Filed 08/16/17 Page 2 of 2 The res of the constructive trust imposed by this Court pursuant to that certain Final Judgment entered on July 20, 2017 in Adversary Proceeding No. 8:15-ap-00464-KRM is the real property is commonly known as 4018 Via Miranda, Sarasota, Florida (the “Property”), with the legal description as follows: LOT 71, MARBELLA, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 33, PAGES 33 THROUGH 33J, OF THE PUBLIC RECORDS OF SARASOTA COUNTY, FLORIDA. 3. The Property is not property of the Debtor’s bankruptcy estate pursuant to 11 U.S.C. § 541(d). 4. The automatic stay provided in 11 U.S.C. § 362(a) does not act as a stay as to any action the Receiver might take to obtain possession of the Property by petitioning a court of competent jurisdiction to restore his beneficial interest in the Property, as the res of the constructive trust, and establish the Receiver in title. 5. This Order is without prejudice to either party seeking relief with respect to the extent of the Receiver’s interest in net proceeds received from the sale of the Property in excess of the amount awarded in the Judgment, including post-judgment interest. Attorney for the Receiver, Matthew Hale, is directed to serve a copy of this order on interested parties who are non-CM/ECF users and file a proof of service within 3 days of entry of the order. 2

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