Commodity Futures Trading Commission v. Mason et al

Filing 112

ORDER establishing deadline to assert secured claims against asses of the receivership estate, any party asserting a security interest must file a pleading with the Court asserting such interest on or before 12/01/2014. Signed by Senior Judge Graham Mullen on 10/22/2014. (Pro se litigant served by US Mail.)(jlk)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
CHARLOTTE DIVISION
NO. 3:13-CV-196
U.S. COMMODITY FUTURES TRADING
COMMISSION,
Plaintiff,
v.
JAMES HARVEY MASON,
Defendant, and
THE JHM FOREX ONLY POOL (f/k/a
THE JHM FOREX ONLY POOL, LP), and
FOREX TRADING AT HOME,
Relief Defendants.
ORDER ESTABLISHING DEADLINE TO ASSERT SECURED CLAIMS
AGAINST ASSETS OF THE RECEIVERSHIP ESTATE
THIS MATTER is before the Court on the Court’s own motion, and, after conferring
with the Receiver during a hearing held at 2:00 p.m. on October 14, 2014, the Court has
determined that the efficient administration of this case requires the imposition of a deadline for
the filing of claims asserting a security interest in assets collected by the Receiver.
IT IS, THEREFORE, ORDERED that:
(a)

Any party asserting a security interest in, or any other right to a priority in

payment from, assets collected by the Receiver in this case (“Receivership Assets”) must
file a pleading with the Court asserting such interest on or before December 1, 2014;
(b)

Any such pleading must (i) describe with specificity the Receivership Assets from

which the claimant asserts a priority in payment and (ii) attach copies of any and all

documents demonstrating the security interest or otherwise supporting the claim for a
priority in payment; and
(c)

Any party’s failure to file a pleading meeting the requirements set forth in this

Order shall result in such party’s claim, to the extent the claim is an allowed claim, being
treated as a general unsecured claim against the Receivership Assets payable pursuant to
the Order Approving Distribution Method and Distribution Procedure entered on
October 14, 2014.
SO ORDERED.
Signed: October 22, 2014

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