Securities and Exchange Commission v. Byers et al
| Securities and Exchange Commission |
| Steven Byers, Joseph Shereshevsky, Wextrust Capital, LLC, Wextrust Equity Partners, LLC, Wextrust Development Group, LLC, Wextrust Securities, LLC and Axela Hospitality, LLC |
| 1:2008cv07104 |
| August 11, 2008 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| New York |
| Shirley Wohl Kram |
| Securities/Commodities |
| 15 U.S.C. ยง 78 m(a) Securities Exchange Act |
| Defendant |
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The following documents for this case are available for you to view or download:
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Filing
1196
ORDER: All proceedings in this case having been completed, the Clerk of Court is directed to close the case. SO ORDERED. (Signed by Judge Denny Chin on 3/30/2021) (rj)
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Filing
1074
OPINION AND ORDER: re: 1020 MOTION to Amend/Correct 981 Order on Motion to Approve or for Clarification of Court Order filed by Capital Bank N.A., Avenue Bank, 1048 MOTION for Compensation - Application of FTI Consulting , Inc., Solely in its Capacity as Secured Lender Trustee of the Dewey & LeBoeuf Secured Lender Trust Established Under The Second Amended Plan of Liquidation of Dewey & LeBoeuf LLP, as Assigne filed by FTI Consulting, Inc., Solely in its Capacity a s Liquidating Trustee of the Dewey & LeBoeuf Secured Lender Trust. To summarize, IT IS HEREBY ORDERED AS FOLLOWS:1. FTI's application for the fees and expenses of $1,256,886.68 and for payment of holdbacks of $3,446,019.10 is DENIED in all respects; 2. Arent Fox's application for payment of holdbacks of $33,216.50 is DENIED in its entirety;3. Badger's application for fees of $160,000 is DENIED in its entirety;4. Deloitte's application for fees and expenses for the period January 1, 2013 through September 30, 2014 of $55,720 is GRANTED in full and its request for payment of holdbacks of $735,245 is DENIED in its entirety; 5. The Fifth Interim Joint Application of the Receiver and Freshfields for the period October 1, 2013 through August 31, 2014 is GRANTED to the extent of $585,087.39 in fees and $26,042.52 in expenses and their request for the payment of holdbacks is GRANTED to the extent of $626,775.02; 6. The Receiver i s authorized to pay the above approved amounts forthwith; and 7. The Receiver shall submit a proposed order authorizing a distribution of an amount calculated by deducting from the $21.3 million in cash on hand (1) the above-approved awards, (2) the amount to be paid to Regions Bank as set forth inmy opinion dated December 22, 2014; and (3) a reserve of $2.2 million to be held for further administrative expenses and pending proceedings and developments. SO ORDERED. (Signed by Judge Denny Chin on 12/23/2014) (ama)
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Filing
1072
OPINION re: 1055 MOTION for Attorney Fees Fifth Interim Application of Badger Real Estate Advisors, LLC For Allowance Of Compensation And Reimbursement Of Expenses Incurred From July 1, 2012 Through February 28, 2013. filed by Badger Real Estate Advisors, LLC, 1049 MOTION for Attorney Fees / Request for Payment of Fees Held-Back in Connection with the First Application of Arent Fox LLP for Allowance of Compensation and Reimbursement of Expenses Incurred From June 1, 2010 th rough May 31, 2011. filed by Timothy J Coleman.For the foregoing reasons,Regions' requests for theturnover of excess cash and payment of property taxes is GRANTED to the extent that the Receiver shall pay Regions within ten business days her eof the sum of $367,557. The request for attorneys' fees is DENIED. No costs. Regions shall submit a proposed judgment, on notice, within ten business days hereof. (Signed by Judge Denny Chin on 12/22/2014 United States Circuit Judge Sitting by Designation) (djc)
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Filing
602
ORDER GRANTING THE THIRD INTERIM APPLICATION OF VARIOUS AFRICAN ADVOCATES, COUNSEL, AND CONSULTANTS FOR ALLOWANCE OF COMPENSATION AND REIMBURSEMENT OF EXPENSES INCURRED THROUGH AUGUST 31, 2009: It is hereby ordered that the Third African Fee is grant ed; and it is further ordered that the fees requested by Dewey & LeBoeufLLP, on behalf of the African Applicants, as defined in the Third African Fee Application through August 31, 2009, are allowed on an interim basis in the amount of R $35,424 .77 in South African currency (approximately $4,474.11 and it is further ordered that the expense reimbursement sought by Dewey & LeBoeuf for the African is allowed on an interim in the amount of R 123.64 in South African currency (approximately $15.97); and it is further ordered that Defendant Wextrust Entities, as the term is defined in the Receivership Order, are hereby authorized and directed on an interim basis to pay to the African Applicants and Dewey & LeBoeuf that amounts awarded herein from availablefunds. (Signed by Judge Denny Chin on 1/14/2010) (jpo)
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Filing
579
OPINION #98314 For the foregoing reasons, all active claims disputes are now finally resolved, except as set forth above. The Receiver shall notify all interested parties of this decision as set forth in this order. SO ORDERED. (Signed by Judge Denny Chin on 12/3/2009) (jmi) Modified on 12/8/2009 (eef).
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Filing
439
ORDER...re the Receiver's fourth and fifth fee applications, the Receiver is directed to respond to these concerns in writing by 8/31/09. In his response the Receiver shall also provide a rough estimate of the fees incurred thus far in 2009 and the fees it anticipates it will incur going forward....Finally, the SEC is also directed to address the Court's concerns in writing by 8/31/09. In particular, the EC shall provide, from the perspective of the public interest, a cost-benefit analysis of continuing down this road. ( Status Report due by 8/31/2009.) (Signed by Judge Denny Chin on 8/18/09) (cd)
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Filing
428
OPINION #97776 For the foregoing reasons, the Receiver's Plan is approved, with the exception that the schedule is modified as set forth above. The Receiver shall post this decision on his website forthwith. SO ORDERED. (Signed by Judge Denny Chin on 7/23/2009) (jmi) Modified on 7/24/2009 (eef).
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Filing
371
ORDER ON THIRD INTERIM APPLICATION OF DELOITTE FINANCIAL ADVISORY SERVICES LLP FOR ALLOWANCE OF COMPENSATION AND REIMBURSEMENT OF EXPENSES INCURRED DURING THE PERIOD OCTOBER 1, 2008 THROUGH DECEMBER 31, 2008: It is hereby ordered that the Third Inter im Application is granted. It is further ordered that the fees requested by Deloitte Financial Advisory Services LLP ("Deloitte") with respect FA Services (as defined in the Third Interim Application) for the period October 1, 2008 through December 31, 2008 are allowed on an interim basis in the amount of $825,000. It is further ordered that the fees requested by Deloitte with respect to CF/ED Services (also as defined in the Third Interim Application ) for the period October 1, 2 008 through December 31, 2008 are allowed on a interim basis in the amount of $35,522.50. It is further ordered that the expense reimbursement sought by Deloitte with respect to FA Services is allowed on an interim basis in the amount of $1 00,822.45. It is further ordered that the expense reimbursement sought by Deloitte with respect to CF/ED Services is allowed on an interim basis in the amount of 4,136.45. It is further ordered that the Defendant Wextrust Ethics, as the term is defined in the Receivership Order, are hereby authorized and directed on an interim basis to pay to Deloitte the amounts awarded herein from available funds. (Signed by Judge Denny Chin on 6/8/2009) (jpo)
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Filing
299
ORDER: The Court will hold a hearing on May 21, 2009 at 10:00 a.m. regarding the Receiver's proposed distribution plan. Anyone who wishes to be heard may speak at this hearing. The Receiver shall post this Order on his website. (Signed by Judge Denny Chin on 4/29/2009) (jpo)
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Filing
246
ORDER GRANTING RECEIVER'S MOTION TO RELINQUISH THE HOMER GLEN PROPERTY, no objections to this motion have been received, the Receiver's motion is granted in all respects, and as further set forth in this document. (Signed by Judge Denny Chin on 4/1/09) (cd)
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Filing
206
ORDER GRANTING SECOND JOINT MONTHLY APPLICATION OF THE RECEIVER AND DEWEY & LEBOUEF, LLP FOR ALLOWANCE OF COMPENSATION AND REIMBURSEMENT OF EXPENSES INCURRED DURING THE PERIOD 9/1/08 THROUGH 9/30/08 that the Second Interim Application is granted as further set forth in this document, and no objections have been received. (Signed by Judge Denny Chin on 3/3/09) (cd)
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Filing
181
MEMORANDUM DECISION: For this reason, and for the other reasons set forth in the Prior Decision, the Proposed Intervenors' motion to intervene is denied. (Signed by Judge Denny Chin on 1/30/2009) (jpo)
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