In Re: The 1031 Tax Group, LLC
| Cordell Consultants Inc., Money Purchase Plan and Cordell Funding, LLLP |
| Anita Hunter, Gerard A. McHale, Jr., P.A., as Liquidation Trustee for the 1031 Debtors Liquidation Trust and The Hunter Class Plaintiffs |
| The 1031 Tax Group, LLC |
| 1:2010cv02799 |
| March 30, 2010 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| XX Out of State |
| Richard J Holwell |
| Bankruptcy Appeal (801) |
| 28 U.S.C. § 0158 |
| None |
Docket Report
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| Filing 28 MANDATE of USCA (Certified Copy) as to #24 Notice of Appeal filed by Cordell Funding, LLLP, Cordell Consultants Inc., Money Purchase Plan USCA Case Number 11-1730. The parties have filed a stipulation withdrawing this appeal pursuant to Local Rule 42.1. The stipulation is hereby "So Ordered". Catherine O'Hagan Wolfe, Clerk USCA for the Second Circuit. Issued As Mandate: 11/26/2012. (nd) |
| Filing 27 TRUE COPY ORDER of USCA as to #24 Notice of Appeal filed by Cordell Funding, LLLP, Cordell Consultants Inc., Money Purchase Plan USCA Case Number 11-1730. The parties have filed a stipulation withdrawing this appeal pursuant to Local Rule 42.1. The stipulation is hereby "So Ordered". Catherine O'Hagan Wolfe, Clerk USCA for the Second Circuit. Certified: 07/03/2012. (nd) |
| Filing 26 TRUE COPY ORDER of USCA as to #24 Notice of Appeal filed by Cordell Funding, LLLP, Cordell Consultants Inc., Money Purchase Plan USCA Case Number 11-1730....that the appeal is hereby WITHDRAWN pursuant to Local Rule 42.1. Catherine O'Hagan Wolfe, Clerk USCA for the Second Circuit. Certified: 02/28/2012. (nd) |
| Filing 25 TRUE COPY ORDER of USCA as to #24 Notice of Appeal filed by Cordell Funding, LLLP, Cordell Consultants Inc., Money Purchase Plan USCA Case Number 11-1730. The parties have filed a stipulation withdrawing this appeal pursuant to Local Rule 42.1. The stipulation is hereby "So Ordered". Catherine O'Hagan Wolfe, Clerk USCA for the Second Circuit. Certified: 11/04/2011. (nd) |
| Transmission of Notice of Appeal to the District Judge re: #24 Notice of Appeal. (nd) |
| Transmission of Notice of Appeal and Certified Copy of Docket Sheet to US Court of Appeals re: #24 Notice of Appeal. (nd) |
| Appeal Record Sent to USCA (Electronic File). Certified Indexed record on Appeal Electronic Files for #18 Certificate of Service Other, filed by Anita Hunter, #5 Notice of Appearance filed by Gerard A. McHale, Jr., P.A., as Liquidation Trustee for the 1031 Debtors Liquidation Trust, #2 Designation of Record on Appeal filed by Cordell Funding, LLLP, Cordell Consultants Inc., Money Purchase Plan, #4 Stipulation and Order, Set Deadlines,, #1 Bankruptcy Appeal, filed by Cordell Funding, LLLP, Cordell Consultants Inc., Money Purchase Plan, #22 Memorandum & Opinion, #16 Stipulation and Order, Set Deadlines/Hearings,, #15 Appellee's Brief, filed by Gerard A. McHale, Jr., P.A., as Liquidation Trustee for the 1031 Debtors Liquidation Trust, #8 MOTION for Michael P. Denver to Appear Pro Hac Vice. filed by The Hunter Class Plaintiffs, #19 Stipulation and Order, Set Deadlines, Set Motion and R&R Deadlines/Hearings,,, #23 Clerk's Judgment, #24 Notice of Appeal filed by Cordell Funding, LLLP, Cordell Consultants Inc., Money Purchase Plan, #3 Designation of Record on Appeal filed by Anita Hunter, The Hunter Class Plaintiffs, #12 Appellant's Brief,, filed by Cordell Funding, LLLP, Cordell Consultants Inc., Money Purchase Plan, #6 Affidavit of Service Other, filed by Gerard A. McHale, Jr., P.A., as Liquidation Trustee for the 1031 Debtors Liquidation Trust, #21 Certificate of Service Other,, filed by Cordell Funding, LLLP, Cordell Consultants Inc., Money Purchase Plan, #10 Order on Motion to Appear Pro Hac Vice, #17 Appellee's Brief, filed by Anita Hunter, #7 MOTION for Robert L. Brace to Appear Pro Hac Vice. filed by The Hunter Class Plaintiffs, #9 Stipulation and Order, Set Deadlines,,,, #11 Order on Motion to Appear Pro Hac Vice, #20 Appellant's Reply Brief filed by Cordell Funding, LLLP, Cordell Consultants Inc., Money Purchase Plan were transmitted to the U.S. Court of Appeals. (nd) |
| Filing 24 NOTICE OF APPEAL from #22 Memorandum Opinion & Order. Document filed by Cordell Consultants Inc., Money Purchase Plan, A Qualified Retirement Trust, Cordell Funding, LLLP,. Filing fee $ 455.00, receipt number 465401005335. (nd) |
| Filing 23 CLERK'S JUDGMENT That for the reasons stated in the Court's Memorandum Opinion and Order dated March 29, 2011, the decision of the Bankruptcy Court is affirmed. (Signed by Clerk of Court Ruby Krajick on 3/31/11) (Attachments: #1 notice of right to appeal)(ml) |
Filing 22
MEMORANDUM OPINION AND ORDER: #100167 The decision of the Bankruptcy Court is AFFIRMED. (Signed by Judge Richard J. Holwell on 3/29/2011) (tro) Modified on 4/6/2011 (ajc).
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| Transmission to Judgments and Orders Clerk. Transmitted re: #22 Memorandum & Opinion, to the Judgments and Orders Clerk. (tro) |
| Filing 21 CERTIFICATE OF SERVICE of Appellants' Reply Brief in Support of Cordell Consultants Inc., Money Purchase Plan, a Qualified Retirement Plan Trust and Cordell Funding LLLP's Appeal from the Final Order of the Bankruptcy Court Denying Their Motion to Enforce Channeling Injunction and Confimration Order served on Robert L. Brace, Andrew D. Velez-Rivera and Jonathan Flaxer on 11/12/10. Service was made by Mail. Document filed by Cordell Consultants Inc., Cordell Funding, LLLP, Money Purchase Plan. (Spelfogel, Douglas) |
| Filing 20 Appellant's REPLY BRIEF. Document filed by Cordell Consultants Inc., Cordell Funding, LLLP, Money Purchase Plan. (Spelfogel, Douglas) |
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Filing 19
FOURTH STIPULATION AND ORDER ESTABLISHING BRIEFING SCHEDULE: 1. The deadline for Cordell to file and serve their reply brief is extended through and including, November 12, 2010. (Replies due by 11/12/2010.) (Signed by Judge Richard J. Holwell on 11/1/10) (db)
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| Filing 18 CERTIFICATE OF SERVICE of Appellees Brief, Declaration, Exhibits A-D served on Douglas Spelfogel, Andrew D. Velez-Rivera, Greg Zipes, Serene K. Nakano, Jonathan Flaxer on October 1, 2010. Service was made by Mail. Document filed by Anita Hunter. (Denver, Michael) |
| Filing 17 Appellee's BRIEF. Document filed by Anita Hunter. Appellant Reply Brief due by 10/14/2010. (Attachments: #1 Affidavit Declaration of Michael P. Denver, #2 Exhibit Exhibit A, #3 Exhibit Exhibit B, #4 Exhibit Exhibit C1, #5 Exhibit Exhibit C2, #6 Exhibit Exhibit D)(Denver, Michael) |
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Filing 16
THIRD STIPULATION AND ORDER ESTABLISHING BRIEFING SCHEDULE: It is hereby stipulated and agreed by and between the parties that the deadline for Appellees to file and serve their brief is extended to October 1, 2010. The deadline for Cordell to file and serve its reply brief extended to October 29, 2010. (Signed by Judge Richard J. Holwell on 8/12/2010) (jpo)
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| Filing 15 Appellee's BRIEF. Document filed by Gerard A. McHale, Jr., P.A., as Liquidation Trustee for the 1031 Debtors Liquidation Trust. Appellant Reply Brief due by 8/25/2010. (Attachments: #1 Declaration of Dallas L. Albaugh, #2 Exhibit A to Declaration, #3 Exhibit B to Declaration, #4 Exhibit C to Declaration, #5 Exhibit D to Declaration, #6 Exhibit E to Declaration, #7 Affidavit of Service)(Flaxer, Jonathan) |
| Filing 14 FILING ERROR - ELECTRONIC FILING FOR NON-ECF DOCUMENT - MOTION REFILED Third Stipulation and Order Establishing Briefing Schedule. Document filed by Cordell Consultants Inc., Cordell Funding, LLLP, Gerard A. McHale, Jr., P.A., as Liquidation Trustee for the 1031 Debtors Liquidation Trust, The Hunter Class Plaintiffs.(Denver, Michael) Modified on 8/5/2010 (db). |
| ***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - NON-ECF DOCUMENT ERROR. Note to Attorney Michael P. Denver to E-MAIL Document No. #13 Stipulation to judgments@nysd.uscourts.gov. This document is not filed via ECF. (db) |
| Filing 13 FILING ERROR - ELECTRONIC FILING FOR NON-ECF DOCUMENT - MOTION Establish case schedule Third Stipulation and Proposed ORDER Establishing Briefing Schedule. Document filed by Cordell Consultants Inc., Cordell Funding, LLLP, Gerard A. McHale, Jr., P.A., as Liquidation Trustee for the 1031 Debtors Liquidation Trust, The Hunter Class Plaintiffs.(Denver, Michael) Modified on 8/5/2010 (db). |
| Filing 12 Appellant's BRIEF. Document filed by Cordell Consultants Inc., Money Purchase Plan, Cordell Funding, LLLP. Appellee Brief due by 7/16/2010. (Attachments: #1 Declaration of Olya Petukhova, #2 Table of Contents for Appendix, #3 Appendix Volume 1, #4 Appendix Volume 2, #5 Appendix Volume 3, #6 Appendix Volume 4, #7 Appendix Volume 5, #8 Appendix Volume 6, #9 Appendix Volume 7, #10 Appendix Volume 8, #11 Appendix Volume 9, #12 Appendix Volume 10, #13 Appendix Volume 11, #14 Appendix Volume 12)(Petukhova, Olya) |
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Filing 11
ORDER granting #7 Motion for Robert L. Brace to Appear Pro Hac Vice. So Ordered. (Signed by Judge Richard J. Holwell on 6/14/2010) (js)
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Filing 10
ORDER granting #8 Motion for Michael P. Denver to Appear Pro Hac Vice. So Ordered. (Signed by Judge Richard J. Holwell on 6/15/2010) (js)
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Filing 9
AMENDED STIPULATION AND ORDER ESTABLISHING BRIEFING SCHEDULE: 1. The Deadline for Cordell to file and serve its opening brief is extended through and including Monday, June 28, 2010. 2. The Deadline for Appellees to file and serve their brief(s) is extended through and including Thursday, August 12, 2010. 3. The Deadline for Cordell to file and serve its reply brief is extended through and including Friday, September 10, 2010. (Appellant Brief due by 6/28/2010. Appellant Reply Brief due by 9/10/2010. Appellee Brief due by 8/12/2010.) (Signed by Judge Richard J. Holwell on 5/5/10) (db)
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| CASHIERS OFFICE REMARK on #8 Motion to Appear Pro Hac Vice, #7 Motion to Appear Pro Hac Vice in the amount of $50.00, paid on 04/22/2010, Receipt Number 901523. (jd) |
| Mailed notice to the attorney(s) of record. (laq) |
| Mailed letter to the United States Bankruptcy Court - Southern District of New York as notification of filing of Bankruptcy Notice of Appeal (Case Number: 07-B-11448 (MG).) with the U.S.D.C. - S.D.N.Y. and the assignment of S.D.N.Y. Case Number: 10-cv-2799 (RJH). (laq) |
| Filing 8 MOTION for Michael P. Denver to Appear Pro Hac Vice. Document filed by The Hunter Class Plaintiffs.(mro) |
| Filing 7 MOTION for Robert L. Brace to Appear Pro Hac Vice. Document filed by The Hunter Class Plaintiffs.(mro) Modified on 4/26/2010 (mro). |
| Filing 6 AFFIDAVIT OF SERVICE of Notice of Appearance and Demand for Service of Papers on April 22, 2010. Service was made by Mail. Document filed by Gerard A. McHale, Jr., P.A., as Liquidation Trustee for the 1031 Debtors Liquidation Trust. (Flaxer, Jonathan) |
| Filing 5 NOTICE OF APPEARANCE by Jonathan Laurence Flaxer on behalf of Gerard A. McHale, Jr., P.A., as Liquidation Trustee for the 1031 Debtors Liquidation Trust (Flaxer, Jonathan) |
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Filing 4
STIPULATION AND ORDER ESTABLISHING BRIEFING SCHEDULE; The Deadline for Cordelll to file and serve its opening brief is extended through and including Friday, May 14, 2010. The Deadline for Appellees to file and serve their brief(s) is extended through and including Monday, June 28, 2010. The Deadline for Cordell to file and serve its reply brief is extended through and including Monday, July 19, 2010. SO ORDERED. (Signed by Judge Richard J. Holwell on 4/6/2010) (tve)
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| Filing 3 COUNTER DESIGNATION OF BANKRUPTCY RECORD ON APPEAL Document filed by Appellees Anita Hunter, The Hunter Class Plaintiffs. (bkar) |
| Filing 2 DESIGNATION OF BANKRUPTCY RECORD ON APPEAL re: #1 Bankruptcy Appeal,. Document filed by Appellants Cordell Consultants Inc., Money Purchase Plan, Cordell Funding, LLLP. (bkar) |
| Filing 1 NOTICE OF APPEAL FROM THE BANKRUPTCY COURT TO THE S.D.N.Y. from the Order of Judge Martin Glenn dated February 9, 2010. Bankruptcy Court Case Numbers: 07-B-11448 (MG). Certified copies of file received.Document filed by Cordell Consultants Inc., Money Purchase Plan, Cordell Funding, LLLP. Appellant Brief due by 4/19/2010.(bkar) |
| Case Designated ECF. (bkar) |
| Magistrate Judge Theodore H. Katz is so designated. (bkar) |
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