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)
EXHIBIT C
Case 8:15-bk-01038-KRM
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ORDERED.
Dated: August 16, 2017
UNITED STATES BANKRUPTCY COURT
MIDDLE DISTRICT OF FLORIDA
TAMPA DIVISION
www.flmb.uscourts.gov
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.
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Case 8:15-bk-01038-KRM
2.
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Filed 08/16/17
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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.
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