Securities and Exchange Commission v. Biltmore Financial Group, Inc. et al
Filing
154
CONSENT ORDER Granting Final Application of Hutchens Senter Kellam & Pettit, P.A. for Compensation and Reimbursement of Expenses as Counsel for the Receiver. Signed by District Judge Richard Voorhees on 2/25/2014. (cbb) (Main Document 154 replaced on 2/25/2014) (cbb). Replaced image with signed copy of Order. Regenerated NEF.
UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
STATESVILLE DIVISION
SECURITIES AND EXCHANGE COMMISSION,
Plaintiff,
v.
BILTMORE FINANCIAL GROUP, INC.,
and J.V. HUFFMAN, JR.,
Defendants.
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Case No.:
08-CV-00136-RLV-CH
CONSENT ORDER GRANTING FINAL APPLICATION OF HUTCHENS SENTER KELLAM
& PETTIT, P.A. FOR COMPENSATION AND REIMBURSEMENT OF EXPENSES AS
COUNSEL FOR THE RECEIVER
THIS MATTER coming before the Honorable Richard L. Voorhees,
United
States
Application
District
of
Court
Receiver’s
Judge,
upon
Counsel
the
for
Receiver’s
Compensation
Final
and
Reimbursement of Expenses (hereinafter “Application”) (Doc. 144)
and the Response (hereinafter “Response”) thereto by the Securities
and Exchange Commission (hereinafter “SEC”) (Doc. 150).
It appearing to the Court that the Receiver had requested in
the Application fees and expenses as follows: 1) payment to Rogers
Townsend & Thomas, P.C. (hereinafter “RTT”) for services rendered
on behalf of the Receivership Estate between November 29, 2010 and
March 22, 2012 for fees in the sum of $33,263.00 and for expenses
in the amount of $744.50 for the same time period; 2) payment to
Hutchens, Senter, Kellam & Pettit, P.A. (hereinafter “HSKP”) for
services
rendered
on
behalf
of
the
Receivership
Estate
between
January 19, 2012 and November 14, 2013 for fees in the sum of
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$107,221.00 and for expenses in the amount of $14,132.12 for the
same time period; and 3) HSKP sought approval for $5,040.00 in
anticipated legal fees and $957.52 in anticipated expenses through
the conclusion of the Receiver’s duties.
It further appearing to the Court, based on the signatures
appearing herein from Counsel for the Receiver and for the SEC,
that the parties have resolved this matter and request the Court to
approve requests for compensation and reimbursement of expenses by
Counsel for the Receiver as follows:
1.
Payment to RTT for fees in the sum of $28,273.55 in
compensation for services rendered on behalf of the Receivership
Estate
between
November
29,
2010
and
March
22,
2012,
and
for
expenses in the amount of $744.50;
2.
Payment to HSKP for fees in the sum of $91,137.85 in
compensation for services rendered on behalf of the Receivership
Estate between January 19, 2012 and November 14, 2013, and for
expenses in the amount of $14,132.12; and
3.
As to fees and expenses incurred by the Receiver since
filing the Application for Final Fees and Expenses, the Receiver
should timely complete the work and forward an invoice for actual
services rendered and fees incurred and withhold such anticipated
amounts
to
pay
the
fees
and
expenses
from
the
distribution
to
claimants.
NOW, THEREFORE, IT IS ORDERED, ADJUDGED AND DECREED that the
Court approves the Agreement as set forth above and approves the
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fees and expenses; and that the Receiver be and he herewith is
authorized to pay the same as shown in paragraph 1 and 2 above.
Signed:
February 25, 2014
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