United States Securities and Exchange Commission v. Beckman et al

Filing 211

ORDER RELEASING PLYMOUTH PROPERTY FROM RECEIVERSHIP AND ASSET FREEZE ORDER 165 . (Written Opinion). Signed by Chief Judge Michael J. Davis on 9/16/11. (GRR)

UNITED STATES DISTRICT COURT
DISTRICT OF MINNESOTA
UNITED STATES SECURITIES
AND EXCHANGE COMMISSION,
Plaintiff,
v.

Case No:

11-cv-00574-MJD-FLN

JASON BO-ALAN BECKMAN and
THE OXFORD PRIVATE CLIENT
GROUP, LLC,

Defendants,
And
HOLLIE BECKMAN,
Relief Defendant.

ORDER RELEASING PLYMOUTH PROPERTY
FROM RECEIVERSHIP AND ASSET FREEZE ORDER
On the basis of the Motion of the Receiver, R.J. Zayed, for an order granting the
Receiver’s Motion to release the real property located at 5140 Terraceview Lane North,
Plymouth, Minnesota 55446, from both the Receivership and the Court’s Asset Freeze
Order (Court File No. 9), thereby returning the property to the custody, control and
possession of Jason Bo-Alan and Hollie Beckman, the Court having considered the
pleadings, files and records before it, and being fully advised on the premises,

1

IT IS HEREBY ORDERED THAT the motion is GRANTED.
(1)

The real property located at 5140 Terraceview Lane North, Plymouth,
Minnesota 55446 (“Plymouth Property”) is hereby released from both the
Receivership and this Court’s Order Imposing Asset Freeze and Other
Ancillary Relief and Setting Hearing on Motion for Preliminary Injunction,
11-cv-00574, Document No. 9, (Mar. 8, 2011) (“Asset Freeze Order”).

(2)

The Plymouth Property is hereby returned to the custody, control and
possession of Jason Bo-Alan and Hollie Beckman.

(3)

Investors, creditors, and other persons , and all others acting on behalf of
any investor, creditor, or other persons, including sheriffs, marshals, other
officers, deputies, servants, agents, employees, independent contractors,
and attorneys, are no longer stayed from:
(a)

Commencing, prosecuting, continuing, settling or enforcing any suit,
proceeding, award, judgment, settlement or lien against or affecting
the Plymouth Property, including, but not limited to, foreclosure
proceedings;

(b)

Using self-help or executing or issuing or causing the execution or
issuance of any court attachment, subpoena, replevin, execution, or
other process for the purpose of impounding or taking possession of
or interfering with or creating or enforcing a lien upon the Plymouth
Property; and

2

(c)

Attempting to modify, cancel, terminate, call, extinguish, revoke or
accelerate (the due date), of any lease, loan, mortgage, indebtedness,
security agreement or other agreement relating to the Plymouth
Property.

(4)

The Court hereby amends its Asset Freeze Order by:
(a)

Striking the entire paragraph on page 7 concerning the foreclosure
and Sheriff’s sale involving Mortgage Electronic Registration
Systems, Inc.;

(b)

Striking the Plymouth Property from the list of Frozen Properties on
page 6; and

(c)

Adding the following sentence after the end of the list:
The real property located at 5140 Terraceview Lane North,
Plymouth, Minnesota 55446 is specifically excluded from
this Order.

(5)

Any mortgage held on the Plymouth Property shall not be part of the
Receivership or subject to the Asset Freeze Order, but it shall be actively
monitored by the Receiver. Jason Bo-Alan and Hollie Beckman shall
provide the Receiver with account information for any mortgage held on
the Plymouth Property, as well as account statements from any such
mortgage upon receipt of any such statement, and otherwise upon request
of the Receiver, until further Order from this Court.

3

(6)

The Receiver shall not be responsible for or obligated to pay any debts or
other liabilities owed on or relating to the Plymouth Property. These
obligations are the sole responsibility of Jason Bo-Alan and Hollie
Beckman.

(7)

Any income generated by the Plymouth Property, including rental income,
shall not be part of the Receivership or subject to the Asset Freeze Order.
Jason Bo-Alan and Hollie Beckman shall be entitled to retain any income
generated from the Plymouth Property. Jason Bo-Alan and Hollie
Beckman shall provide the Receiver with an accounting of all income and
expenses relating to the Plymouth Property on the first of every month, and
otherwise upon request of the Receiver, until such time as the Plymouth
Property is sold or otherwise disposed of.

SO ORDERED.

Date: September 16, 2011

s/ Michael J. Davis
Chief Judge Michael J. Davis
United States District Court

4