Securities and Exchange Commission v. Nadel et al

Filing 1368

Unopposed MOTION for miscellaneous relief, specifically Approval of Private Sale of Six Parcels Of Undeveloped Land Located in Buncombe County, North Carolina Verified by Burton W. Wiand. (Attachments: # 1 Exhibit Proposed Order, # 2 Exhibit Property Maps, # 3 Exhibit PSA, # 4 Exhibit Bell Opinion, # 5 Exhibit Receiver's Deed)(Perez, Jared)

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 Approval of
Private Sale of Six Parcels of Undeveloped Land Located in Buncombe County, North
Carolina (the “Motion”) (Dkt. ___). Upon due consideration of the Receiver’s powers as set
forth in the Order Appointing Receiver (Dkt. 8) and 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 sale of the parcels B, C, D, E, F/G, and the HOA parcel of Bird Creek Estates
located in Buncombe County, North Carolina, better known as Parcel Numbers: 0637-900133-00000; 0637-90-1306-00000; 0637-90-3386-00000; 0637-90-3019-00000; 0636-992659-00000; and 0637-90-0585-00000, as more fully described in the Motion and pursuant to
the Purchase and Sale Agreement attached as Exhibit 3 to the Motion, is hereby approved.
The Court finds that the Receiver has substantially complied with the provisions of 28
U.S.C. § 2001, and the Receiver is hereby directed to transfer free and clear of all claims,
liens, and encumbrances to Spanish Oaks Properties LLC by way of a Receiver’s Deed,
pursuant to Purchase and Sale Agreement, title to the real property located in Buncombe
County, North Carolina.
DONE and ORDERED in chambers in Tampa, Florida this ____ day of
_____________, 2018.

____________________________________
RICHARD A. LAZZARA
UNITED STATES DISTRICT JUDGE
COPIES FURNISHED TO:
Counsel of Record

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