United States Securities and Exchange Commission
Filing
215
ORDER Granting 203 Motion for Entry of Order Granting Relief from the Stay to Permit Tax Foreclosures to Proceed Against Certain Properties of the Receivership Estates. Signed by District Judge Matthew F. Leitman. (HMon)
Case 4:17-cv-10963-MFL-SDD ECF No. 215 filed 04/24/20
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UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
UNITED STATES SECURITIES AND
EXCHANGE COMMISSION,
Plaintiff,
Case No. 17-cv-10963
Hon. Matthew F. Leitman
v.
TREASURE ENTERPRISE LLC,
PATRICIA ENRIGHT GRAY and LARRY
ALLEN HOLLEY
Defendants,
and
KINGDOM ASSET MANAGEMENT LLC
and CARLEEN RENEE HOLLEY,
Relief Defendants.
_________________________________________________________________/
ORDER GRANTING MOTION FOR ENTRY OF
ORDER GRANTING RELIEF FROM THE STAY TO
PERMIT TAX FORECLOSURES TO PROCEED AGAINST
CERTAIN PROPERTIES OF THE RECEIVERSHIP ESTATES
This matter having come before the Court upon the Motion for Entry of
Order Granting Relief from the Stay to Permit Tax Foreclosures to Proceed
Against Certain Properties of the Receivership Estates (the “Motion”) filed by
O’Keefe & Associates Consulting, LLC and Patrick O’Keefe (the “Receiver”); due
and sufficient notice having been given; no objections to the relief requested in the
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Motion having been filed or asserted; and the Court being fully advised in the
premises:
THE COURT HEREBY FINDS THAT:
A.
This Court has jurisdiction over this action pursuant to Section 22 of
the Securities Act of 1933 [15 U.S.C. § 77a et seq.] and Section 27 of the
Securities Exchange Act of 1934 [15 U.S.C. § 78a et seq.] (the “Exchange Act”).
B.
Venue is proper in this Court pursuant to Section 27 of the Exchange
C.
The Receiver is the duly appointed receiver pursuant to this Court’s
Act.
Sealed Order Appointing Receiver [Docket No. 10] entered on March 28, 2017
(the “Receivership Order”).
NOW, THEREFORE, IT IS ORDERED AND ADJUDGED THAT:
1.
The Motion is GRANTED in its entirety.
2.
The Genesee County Treasurer is hereby permitted to proceed with
the tax foreclosure process related to the Commercial Properties and the
Residential Properties (as those terms are defined in the Motion).
3.
The provisions of Paragraph 30 of the Receivership Order, that
enjoined all persons with notice of the Receivership Order from taking any action
to interfere with, hinder, obstruct or dissipate any Receivership Property, including
enforcing any lien, are modified to permit the Genesee County Treasurer to
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proceed with the tax foreclosure process related to the Commercial Properties and
the Residential Properties.
4.
The provisions of Paragraph 33 of the Receivership Order, which
imposed a stay of all proceedings against any Receivership Property, including
foreclosure actions, is hereby modified to permit the Genesee County Treasurer to
proceed with the tax foreclosure process related to the Commercial Properties and
the Residential Properties.
IT IS SO ORDERED.
/s/Matthew F. Leitman
MATTHEW F. LEITMAN
UNITED STATES DISTRICT JUDGE
Dated: April 24, 2020
I hereby certify that a copy of the foregoing document was served upon the parties
and/or counsel of record on April 24, 2020, by electronic means and/or ordinary
mail.
s/Holly A. Monda
Case Manager
(810) 341-9764
3
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