Securities and Exchange Commission v. Nadel et al

Filing 1402

Verified MOTION for miscellaneous relief, specifically to Approve Settlements of Claims and Objections with Certain Secured Creditors by Burton W. Wiand. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3)(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.,
Case No.: 8:09-cv-87-T-26TBM
Defendants,
SCOOP REAL ESTATE, L.P.,
VALHALLA INVESTMENT PARTNERS, L.P.,
VALHALLA MANAGEMENT, INC.,
VICTORY FUND, LTD,
VIKING IRA FUND, LLC,
VIKING FUND, LLC, AND
VIKING MANAGEMENT, LLC.
Relief Defendants.

/

ORDER
UPON DUE CONSIDERATION, it is ORDERED AND ADJUDGED that the
Receiver’s Verified Motion to Approve Settlements of Claims and Objections with Certain
Secured Creditors (Doc. ____) is granted. The Court specifically approves the written
Settlement of Claims and Objections attached to the motion as Exhibit 2 with respect to five
Texas-based taxing authorities (Claims 1, 2, 3, 4 and 74) (the “Taxing Authorities”). As set
forth in Exhibit 2, these claims shall be consolidated and allowed in the total amount of

$300,000.

The Taxing Authorities shall be responsible for apportioning any collective

distribution amount amongst themselves.
The Court also specifically approves the written Settlement of Claim and Objection
attached to the motion as Exhibit 3 with respect to the First National Bank of
Albany/Breckenridge (Claim 5) (the “Bank”). The Court authorizes the Receiver to abandon
the real estate located at 64 South Jacobs Street, Albany, Texas 76430 (the “Property”),
bearing the following legal description:
Surface only of Lots 1 and 2. Block 36, Original Town of Albany in
Shackelford County, Texas, as shown on the map or plat of said Town,
recorded in Book C, Pages 294 and 295, Deed Records of Shackelford
County, Texas, to which reference is here made for all purposes and full
description, and including all improvements located thereon.
In addition, the Court lifts the stay and injunction in this action (see Doc. 1024 at p. 8 ¶ 2 &
Doc. 8 ¶ 15) with respect to the Bank to allow the Bank to foreclose on the Property. As of
the date of this order, the Receiver shall have no further interest in or responsibility for the
Property. The Bank is authorized to begin foreclosure proceedings, and the Bank shall be
entitled to all proceeds from the foreclosure.
DONE and ORDERED in Chambers at Tampa, Florida, on _________, 2019.

VIRGINIA COVINGTON
UNITED STATES DISTRICT JUDGE
COPIES FURNISHED TO:
Counsel of Record

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