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)

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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, 1 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 Michael S. Lamont FBN 0527122 Jared J. Perez, FBN 0085192 Wiand Guerra King P.L. 3000 Bayport Drive, Suite 600 Tampa, FL 33607 Tel: (813) 347-5100 Fax: (813) 347-5198 Attorneys for the Receiver, Burton W. Wiand 2

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