Securities and Exchange Commission v. Nadel et al

Filing 828

NOTICE by Burton W. Wiand of (1) Publication of Receiver's Court-Approved Notice of Sale and (2) That No Additional Offer to Purchase Real Property Located in Tazewell, TN Has Been Received (Morello, Gianluca)

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

Case No. 8:09-cv-87-T-26TBM

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,
Relief Defendants.
/
NOTICE (1) OF PUBLICATION OF RECEIVER’S COURT-APPROVED
NOTICE OF SALE AND (2) THAT NO ADDITIONAL OFFER TO PURCHASE
REAL PROPERTY LOCATED IN TAZEWELL, TN HAS BEEN RECEIVED
On April 4, 2012, Burton W. Wiand, as Receiver (the “Receiver”), filed his
Unopposed Verified Motion for Approval of Private Sale of Real Property Located in
Tazewell, TN (Doc. 810) (the “Motion”), which sought approval of a proposed sale of real
property located in Tazewell, TN. In accordance with 28 U.S.C. § 2001, the Receiver also
attached a proposed Notice of Sale to be published in the Clairborne Progress in Tazewell,

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Tennessee. On April 5, 2012, the Court entered an Order granting the Receiver’s Motion
(Doc. 811).
This notice is being filed to inform the Court that, pursuant to 28 U.S.C. § 2001, the
court-approved Notice was published in the Clairborne Progress on April 11, 2012.
Additionally, under 28 U.S.C. § 2001, a private sale of real property by a Receiver cannot be
confirmed if a separate bona fide offer to purchase the property for at least 10% more than
the proposed, published sale price is received.

The Receiver has not received any offer to

purchase the property meeting these requirements, and thus is proceeding to close the sale of
the property in accordance with the Motion and the Court’s April 5th Order. 
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that on April 30, 2012, I electronically filed the foregoing
with the Clerk of the Court by using the CM/ECF system.

s/Gianluca Morello
Gianluca Morello, FBN 034997
[e-mail]
Michael S. Lamont FBN 0527122
[e-mail]
Jared J. Perez, FBN 0085192
[e-mail]
Wiand Guerra King P.L.
3000 Bayport Drive, Suite 600
Tampa, FL 33607
Tel: [phone]
Fax: [phone]
Attorneys for the Receiver, Burton W. Wiand

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