Securities and Exchange Commission v. Nadel et al

Filing 1406

ORDER granting 1402 Verified Motion for miscellaneous relief, specifically to Approve Settlements of Claims and Objections with Certain Secured Creditors. Signed by Judge Virginia M. Hernandez Covington on 8/9/2019. (SGM)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
TAMPA DIVISION
SECURITIES AND EXCHANGE
COMMISSION,
Plaintiff,
v.

Case No. 8:09-cv-87-T-33CPT

ARTHUR NADEL,
SCOOP CAPITAL, LLC,
SCOOP MANAGEMENT, INC.
Defendants,
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
This matter comes before the Court pursuant to the
Receiver’s Verified Motion to Approve Settlements of Claims
and Objections with Certain Secured Creditors (Doc. # 1402),
filed on July 24, 2019.

No other parties or creditors have

filed an objection to the Motion.
the Motion is granted.

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Upon due consideration,

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

Albany/Breckenridge

to

(Claim

the
5)

First
(the

National

“Bank”).

Bank

The

of

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

2

have

no

Property.

further
The

interest

Bank

is

in

or

authorized

responsibility
to

begin

for

the

foreclosure

proceedings, and the Bank shall be entitled to all proceeds
from the foreclosure.
Accordingly, it is now
ORDERED, ADJUDGED, and DECREED:
the Receiver’s Verified Motion to Approve Settlements of
Claims and Objections with Certain Secured Creditors (Doc.
# 1402) is GRANTED.
DONE and ORDERED in Chambers in Tampa, Florida, this 9th
day of August, 2019.

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