United States of America v. Fundex Capital Corporation
| United States of America |
| Fundex Capital Corporation |
| United States Small Business Administration as Receiver for Fundex Capital Corp. |
| County of Orange, |
| 7:2009cv09222 |
| November 6, 2009 |
| US District Court for the Southern District of New York |
| White Plains Office |
| Kings |
| Cathy Seibel |
| Negotiable Instrument |
| 15 U.S.C. § 631 |
| None |
Docket Report
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This docket was last retrieved on August 13, 2014. A more recent docket listing may be available from PACER.
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Filing 139
MEMO ENDORSED ORDER granting #132 Motion to Vacate #132 MOTION to Vacate the stay contained in this Court's receivership Order. ENDORSEMENT: No opposition to this motion has been received. The motion is hereby GRANTED. The Clerk shall terminate Doc. 132. (Signed by Judge Cathy Seibel on 8/12/2014) (rj)
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| Filing 138 CERTIFICATE OF SERVICE of Final Notice Pursuant to Wind-Up Order served on Lawrence I. Linksman as Former President of Fundex Capital Corporation and Lawrence I. Linksman as President of Bridge Funding, Inc. on August 5, 2014. Service was made by Mail. Document filed by United States Small Business Administration as Receiver for Fundex Capital Corp.. (Requets, Susanna) |
| Filing 137 NOTICE of Final Notice Pursuant to Wind-Up Order re: #130 Order on Motion for Miscellaneous Relief,,,,,,,. Document filed by United States Small Business Administration as Receiver for Fundex Capital Corp.. (Attachments: #1 Exhibit A)(Requets, Susanna) |
| Filing 136 CERTIFICATE OF SERVICE of Notice of Motion, Memorandum of Law served on Arlene P. Messinger, Esq., Lawrence I. Linksman on 07/24/14. Service was made by Mail. Document filed by County of Orange,. (Nothnagle, Matthew) |
| Filing 135 MEMORANDUM OF LAW in Support re: #132 MOTION to Vacate the stay contained in this Court's receivership Order. . Document filed by County of Orange,. (Nothnagle, Matthew) |
| Filing 134 AFFIDAVIT of Matthew J. Nothnagle in Support re: #132 MOTION to Vacate the stay contained in this Court's receivership Order.. Document filed by County of Orange,. (Nothnagle, Matthew) |
| Filing 133 AFFIDAVIT of Kathlee DeRose in Support re: #132 MOTION to Vacate the stay contained in this Court's receivership Order.. Document filed by County of Orange,. (Nothnagle, Matthew) |
| Filing 132 MOTION to Vacate the stay contained in this Court's receivership Order. Document filed by County of Orange,. Return Date set for 8/11/2014 at 09:00 AM.(Nothnagle, Matthew) |
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Filing 131
MEMO ENDORSEMENT on #129 LETTER addressed to Judge Cathy Seibel from Matthew J. Nothnagle dated 06/17/14 re: Requesting permission to move to vacate the stay in an order for a limited purpose. ENDORSEMENT: There being no objection, it is So Ordered. (Signed by Judge Cathy Seibel on 7/7/2014) (lnl)
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Filing 130
ORDER APPROVING PLAINTIFF'S #125 MOTION FOR ENTRY OF ORDER WINDING UP AND TERMINATING RECEIVERSHIP ESTATE, APPROVING AND CONFIRMING THE FINAL RECEIVER'S REPORT AND DISCHARGING THE RECEIVER: 1. The Receiver's Motion is granted in its entirety; 2. The Receiver's agents will perform all administrative and accounting tasks necessary to windup and close the Fundex receivership estate in an orderly manner, and to discharge the Receiver and its agents. These tasks will include, but are not limited to, (1) finalizing the receivership accounting books and records, including the preparation of information to enable Fundex's management, in care of Lawrence I. Linksman, former president of Fundex Capital Corporation, to file the tax return for the tax year 2014 and any returns that may come due after the termination of the receivership, (2) arranging for the return of control of Fundex to Lawrence I. Linksman, its former president, (3) remitting payments or assigning assets and/or claims from the estate in accordance with this Court's August 9, 2012 Order, and (4) delivering Fundex's post-receivership records to the former president and/or the Federal Records Center. This Court approves and confirms the form and manner of the procedures for winding up and closing the Fundex receivership as set forth in the motion filed by the Receiver. By the sixtieth (60) day after entry of this Order, the Receiver and its agents shall have performed any and all administrative and accounting tasks necessary to implement the provisions of this Order in order to terminate the Fundex receivership and discharge the Receiver, its agents, attorneys, contractors, the SBA, and its employees, and all other persons who have acted on the Receiver's behalf. SO ORDERED. (Signed by Judge Cathy Seibel on 6/30/2014) (See ORDER as set forth) (lnl)
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| Filing 129 LETTER addressed to Judge Cathy Seibel from Matthew J. Nothnagle dated 06/17/14 re: Requesting permission to move to vacate the stay in an order for a limited purpose. Document filed by County of Orange,.(Nothnagle, Matthew) |
| Filing 128 CERTIFICATE OF SERVICE of (i) Motion of the U.S. Small Business Administration as Receiver for Fundex Capital Corporation for Entry of an Order Winding Up and Terminating Receivership Estate, Approving and Confirming Final Receiver's Report and Discharging the Receiver, together with a Declaration in Support of Motion and the Final Receiver's Report, (ii) Memorandum of Law in Support of Motion, and (iii) Proposed Order served on Lawrence I. Linksman, Former President, Fundex Capital Corp. c/o Bridge Funding on June 13, 2014. Service was made by Mail. Document filed by United States Small Business Administration as Receiver for Fundex Capital Corp.. (Requets, Susanna) |
| Filing 127 MEMORANDUM OF LAW in Support re: #125 MOTION for Entry of an Order Winding Up and Terminating Receivership Estate, Approving and Confirming Final Receiver's Report and Discharging Receiver re: #124 Endorsed Letter,, . . Document filed by United States Small Business Administration as Receiver for Fundex Capital Corp.. (Requets, Susanna) |
| Filing 126 DECLARATION of Steven Weinberg in Support re: #125 MOTION for Entry of an Order Winding Up and Terminating Receivership Estate, Approving and Confirming Final Receiver's Report and Discharging Receiver re: #124 Endorsed Letter,, .. Document filed by United States Small Business Administration as Receiver for Fundex Capital Corp.. (Attachments: #1 Exhibit A - Final Receiver's Report from December 1, 2013 through April 30, 2014)(Requets, Susanna) |
| Filing 125 MOTION for Entry of an Order Winding Up and Terminating Receivership Estate, Approving and Confirming Final Receiver's Report and Discharging Receiver re: #124 Endorsed Letter,, . Document filed by United States Small Business Administration as Receiver for Fundex Capital Corp..(Requets, Susanna) |
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Filing 124
ENDORSED LETTER addressed to Judge Cathy Seibel from Steven Weinberg, dated 5/29/2014, re: Counsel for the United States Small Business Administration as Receiver for Fundex Capital Corp. (the "Receiver). We are writing this letter to request waiver of the pre-motion conference and for permission to file a motion to review and approve the Final Receiver's Report for the period commencing December 1, 2013 through the present and a motion for windup and closeout of the Receivership Estate and a Final Order. ENDORSEMENT: Application Granted. So Ordered. (Signed by Judge Cathy Seibel on 5/29/2014) (lnl)
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Filing 123
ORDER AUTHORIZING A LIFT OF THE JUDICIAL STAY FOR A LIMITED PURPOSE: IT IS HEREBY ORDERED AND DECREED THAT: 1. The Receiver's Motion is granted in its entirety; 2. The judicial stay imposed in this proceeding by the Receivership Order is hereby lifted for the specific, limited purpose of (i) commencement of an action against Conklin Services & Construction Inc. ("Conklin"), Conklin Properties LLC d/b/a Conklin Holdings LLC, South Salem Deli LLC and Joseph Savino for a default of repayment of a loan from Fundex to Conklin based upon breach of a promissory note, loan agreement, guaranty and other documents related thereto; (ii) to permit commencement of legal proceedings against all legal entities and/or parties who may be liable for the Conklin loan default and (iii) to permit the Receiver to enter any judgment that may be granted in any legal proceeding, have execution therefore and to commence judgment enforcement proceedings in connection therewith: 3. That the injunctive stay provisions of paragraph 1 remains in effect for all other actions and proceedings. SO ORDERED. (Signed by Judge Cathy Seibel on 4/23/2014) (lnl)
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Filing 122
ORDER: THIS CAUSE CAME upon the Third Receiver's Report submitted by the United States Small Business Administration ("SBA") as Receiver (the "Receiver") for Funde)( Capital Corporation ("Fundex"), and the Receiver's request for Entry of the Proposed Order Approving and Confirming the Third Receiver's Report for the Period November 1, 2012 through November 30, 2013. After reviewing the pleadings and the Receiver's Report submitted therewith, and no objections having been received by this Court, it is hereby ORDERED that: 1. This Court APPROVES AND CONFIRMS the Third Receiver's Report for the Period November l, 2012 through November 30, 2013 and the actions and the activities of the Receiver as reported therein. ENDORSEMENT: The Clerk of Court shall terminate Doc. 114. SO ORDERED. (Signed by Judge Cathy Seibel on 4/22/2014) (lnl)
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| Filing 121 CERTIFICATE OF SERVICE of (i) Notice of Motion with Affidavit and Exhibits of the U.S. Small Business Administration as Receiver for Fundex Capital Corp. for Entry of an Order Lifting the Judicial Stay for a Limited Purpose; (ii) Proposed Order; and (iii) Memorandum of Law in Support of Motion for Entry of an Order Lifting the Judicial Stay served on Lawrence I. Linksman, Former President Fundex Capital Corp.; Conklin Services & Construction, Inc.; Conklin Properties LLC d/b/a Conklin Holdings LLC; South Salem Deli LLC; and Joseph Savino on March 28, 2014. Service was made by Mail. Document filed by United States Small Business Administration as Receiver for Fundex Capital Corp.. (Requets, Susanna) |
| Filing 120 MEMORANDUM OF LAW in Support re: #118 MOTION for Entry of an Order Lifting the Judicial Stay for Limited Purpose re: #112 Endorsed Letter,.. Document filed by United States Small Business Administration as Receiver for Fundex Capital Corp.. (Requets, Susanna) |
| Filing 119 AFFIDAVIT of Charles P. Fulford in Support re: #118 MOTION for Entry of an Order Lifting the Judicial Stay for Limited Purpose re: #112 Endorsed Letter,.. Document filed by United States Small Business Administration as Receiver for Fundex Capital Corp.. (Attachments: #1 Exhibit Proposed Pleading)(Requets, Susanna) |
| Filing 118 MOTION for Entry of an Order Lifting the Judicial Stay for Limited Purpose re: #112 Endorsed Letter,. Document filed by United States Small Business Administration as Receiver for Fundex Capital Corp..(Requets, Susanna) |
| Filing 117 CERTIFICATE OF SERVICE of (i) Notice of Motion of the U.S. Small Business Administration, as Receiver for Fundex Capital Corporation for Entry of an Order Approving and Confirming the Third Receiver's Report for the Period November 1, 2012 through November 30, 2013, (ii) Third Receiver's Report for the Period November 1, 2012 through November 30, 2013, (iii) Proposed Order and (iv) Memorandum of Law in Support of Receiver's Motion for Entry of an Order Approving and Confirming the Third Receiver's Report for the Period November 1, 2012 through November 30, 2013 served on Lawrence I. Linksman, Former President Fundex Capital Corp. on 03/26/2014. Service was made by MAIL. Document filed by United States Small Business Administration as Receiver for Fundex Capital Corp.. (Requets, Susanna) |
| Filing 116 NOTICE of Third Receiver's Report for the Period of November 1, 2012 through November 30, 2013 re: #115 Memorandum of Law in Support of Motion, #114 MOTION to Approve and confirm the Third Receiver's Report for the Period November 1, 2012 through November 30, 2013.. Document filed by United States Small Business Administration as Receiver for Fundex Capital Corp.. (Requets, Susanna) |
| Filing 115 MEMORANDUM OF LAW in Support re: #114 MOTION to Approve and confirm the Third Receiver's Report for the Period November 1, 2012 through November 30, 2013.. Document filed by United States Small Business Administration as Receiver for Fundex Capital Corp.. (Requets, Susanna) |
| Filing 114 MOTION to Approve and confirm the Third Receiver's Report for the Period November 1, 2012 through November 30, 2013. Document filed by United States Small Business Administration as Receiver for Fundex Capital Corp..(Requets, Susanna) |
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Filing 113
ENDORSED LETTER addressed to Judge Cathy Seibel from Steven Weinberg, dated 3/19/2014, re: Counsel for the United States Small Business Administration as Receiver for Fundex Capital Corp. This Court's Order issued November 23, 2009 ("Receivership Order") contained injunctive relief provisions that stayed any legal proceedings with respect to assets of Fundex Capital Corp. We are writing this letter to request waiver of the pre-motion conference and for permission to file a motion to review and approve the Third Receiver's Report for the period commencing November 1, 2012 through November 30, 2013. ENDORSEMENT: Application Granted. So Ordered. (Signed by Judge Cathy Seibel on 3/24/2014) (lnl)
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Filing 112
ENDORSED LETTER addressed to Judge Cathy Seibel from Steven Weinberg dated 3/20/2014 re: Counsel requests waiver of the pre-motion conference and for permission to move to modify the stay to permit the filing of a breach of contract lawsuit. ENDORSEMENT: Application granted. SO ORDERED. (Signed by Judge Cathy Seibel on 3/20/2014) (mml)
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Filing 111
ORDER: This Court APPROVES AND CONFIRMS the Second Receiver's Report for the Period November 1, 2011 through October 31,2012 and the actions and the activities of the Receiver as reported therein. IT IS SO ORDERED ON 1ST DAY OF MAY, 2013. ENDORSEMENT: The Clerk shall terminate Doc. 107. (Signed by Judge Cathy Seibel on 5/1/2013) (lnl)
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| Filing 110 CERTIFICATE OF SERVICE of (i) Notice of Motion of the U.S. Small Business Administration, as Receiver for Fundex Capital Corporation for Entry of an Order Approving and Confirming the Second Receiver's Report for the Period November 1, 2011 through October 31, 2012, (ii) Second Receiver's Report for the Period November 1, 2011 through October 31, 2012; (iii) Proposed Order; (iv) Memorandum of Law in Support of Receiver's Motion for Entry of an Order Approving and Confirming the Second Receiver's Report for the Period November 1, 2011 through October 31, 2012 served on William Young, Esq., Fundex Capital Corp. Attn: Lawrence I. Linksman on April 12, 2013. Service was made by Mail. Document filed by United States Small Business Administration as Receiver for Fundex Capital Corp.. (Weinberg, Steven) |
| Filing 109 NOTICE of Second Receiver's Report for the Period of November 1, 2011 through October 31, 2012 re: #108 Memorandum of Law in Support of Motion, #107 MOTION to Approve and Confirm the Second Receiver's Report for the Period November 1, 2011 through October 31, 2012.. Document filed by United States Small Business Administration as Receiver for Fundex Capital Corp.. (Weinberg, Steven) |
| Filing 108 MEMORANDUM OF LAW in Support re: #107 MOTION to Approve and Confirm the Second Receiver's Report for the Period November 1, 2011 through October 31, 2012.. Document filed by United States Small Business Administration as Receiver for Fundex Capital Corp.. (Weinberg, Steven) |
| Filing 107 MOTION to Approve and Confirm the Second Receiver's Report for the Period November 1, 2011 through October 31, 2012. Document filed by United States Small Business Administration as Receiver for Fundex Capital Corp..(Weinberg, Steven) |
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Filing 106
ENDORSED LETTER addressed to Judge Cathy Seibel from Steven Weinberg, dated 4/5/2013, re: Counsel for the United States Small Business Administration as Receiver for Fundex Capital Corp. (the "Receiver") writes this letter to request waiver of the pre-motion conference and for permission to move to modify the stay to permit the filing of a motion to review and approve the Second Receiver's Report for the period commencing November 1, 2011 through October 31, 2012. ENDORSEMENT: Application Granted. So Ordered. (Signed by Judge Cathy Seibel on 4/8/2013) (lnl)
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| Filing 105 Letter addressed to Judge Cathy Seibel from Steven Weinberg, dated 12/28/2012, re: Local counsel for the United States Small Business Administration writes: Enclosed is the proposed order that was previously emailed to the Judgment and Orders Clerk and that was served with the motion papers. The Receiver may wish to modify the complaint to include monetary damages based upon an additional guaranty. The basis for the relief will be identical to the breach of contract claim already set forth in the complaint that is annexed to the motion., Any additional relief that may be alleged in the complaint to be filed will go to the merits of that lawsuit to be adjudicated therein and does not address the substantive basis for the motion to lift stay that is before this Court. Therefore, the motion should be submitted for this Court's decision and order. Alternatively, the motion can be adjourned if this Court wishes to review a proposed complaint that may be filed to commence the breach of contract lawsuit prior to this Court's issuance of an order determining the Receiver's motion. Document filed by United States Small Business Administration as Receiver for Fundex Capital Corp. (lnl) |
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Filing 104
ORDER AUTHORIZING A LIFT OF THE JUDICIAL STAY FOR A LIMITED PURPOSE: that: 1. The Receiver's Motion is granted in its entirety; 2. The judicial stay imposed in this proceeding by the Receivership Order is hereby lifted for the specific, limited purpose for commencement of a civil action based upon guarantees issued by Bridge Funding Inc. and by Lawrence I. Linksman in connection with the participations of Fundex with respect to certain loans and for any related proceeding necessary to enforce any judgment entered therein, and 3. That the injunctive stay provisions of paragraph 7 of the Receivership Order remain in effect for all other actions and proceedings. SO ORDERED. (Signed by Judge Cathy Seibel on 1/2/2013) (lnl)
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| Filing 103 CERTIFICATE OF SERVICE of Notice of Motion of the US Small Business Administration as Receiver for Fundex Capital Corporation for Entry of an Order Authorizing a LIft of the Judicial Stay Set Forth by this Court's November 23, 2009 Order for a Limited Purpose, Order, Affidavit in Support with Exhibits and Memorandum of Law in Support served on Bridge Funding, Inc; Fundex Capital Corporation; and Lawrence I. Linksman on December 7, 2012. Document filed by United States Small Business Administration as Receiver for Fundex Capital Corp.. (Weinberg, Steven) |
| Filing 102 MEMORANDUM OF LAW in Support re: #100 MOTION for Entry of an Order Authorizing a Lift of the Judicial Stay Set Forth by this Court's November 23, 2009 Order for a Limited Purpose.. Document filed by United States Small Business Administration as Receiver for Fundex Capital Corp.. (Weinberg, Steven) |
| Filing 101 AFFIDAVIT of Charles P. Fulford in Support re: #100 MOTION for Entry of an Order Authorizing a Lift of the Judicial Stay Set Forth by this Court's November 23, 2009 Order for a Limited Purpose.. Document filed by United States Small Business Administration as Receiver for Fundex Capital Corp.. (Attachments: #1 Exhibit A, #2 Exhibit B)(Weinberg, Steven) |
| Filing 100 MOTION for Entry of an Order Authorizing a Lift of the Judicial Stay Set Forth by this Court's November 23, 2009 Order for a Limited Purpose. Document filed by United States Small Business Administration as Receiver for Fundex Capital Corp..(Weinberg, Steven) |
| Filing 99 CERTIFICATE OF SERVICE of Order Approving the Receiver's Notice and Determination of Claims, Authorizing Payment of Approved Claims and Establishing Summary Disposition Procedures served on Marc Hyman c/o Steve Syman; Lisa Mann c/o Steve Hyman on August 14, 2012. Service was made by Mail. Document filed by United States Small Business Administration as Receiver for Fundex Capital Corp.. (Weinberg, Steven) |
| Filing 98 CERTIFICATE OF SERVICE of Order Approving the Receivers Notice and Determination of Claims, Authorizing Payment of Approved Claims and Establishing Summary Disposition Procedures served on Lawrence I. Linksman, Gellert & Klein, Granoff, Walker & Forlenza PC, Porzio Bromberg & Newman, Joseph Nakash, Victoria Hyman, Marc Hyman, Lisa Mann, Shari L. Hope, Nancy J. Platkin and Sands & Co on 08-10-2012. Service was made by MAIL. Document filed by United States Small Business Administration as Receiver for Fundex Capital Corp.. (Demas, Richard) |
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Filing 97
ORDER: The Receiver's Motion for Entry of an Order Approving the Receiver's Notice and Determination of Claims, Authorizing Payment of Approved Claims and Establishing Summary Disposition Procedures is GRANTED; and 2. The Receiver's Notice and Determination of Claims Received in Response to the Claims Bar Date, and the Receiver's recommendations therein are APPROVED; and 3. The Receiver is authorized to pay the following claims and expenses in the following order of priority, to the extent of available receivership assets, and the following claims are hereby APPROVED. SO ORDERED. (See ORDER as set forth) (Signed by Judge Cathy Seibel on 8/8/2012) (lnl)
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Filing 96
MEMO ENDORSEMENT on #89 MOTION to Approve Receiver's Notice and Determination of Claims, Priority of Claims, Authorizing Payment of Approved Claims and Establishing Summary Disposition Procedures. ENDORSEMENT: I have reviewed motion papers, which seem to be in order, and no opposition has been received. Application Granted. The Clerk shall terminate Doc. 89. So Ordered. (Signed by Judge Cathy Seibel on 8/8/2012) (lnl)
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Filing 95
ENDORSED LETTER addressed to Judge Cathy Seibel from Steven Weinberg, dated 7/13/2012, re: Counsel for the Receiver writes to request waiver of the pre-motion conference and for permission to move to modify the stay to permit the filing of a breach of contract lawsuit against Bridge Funding Inc. and Lawrence I. Linksman as Guarantors of Fundex's participation position with respect to certain loans. ENDORSEMENT: Application Granted. So Ordered. (Signed by Judge Cathy Seibel on 7/20/2012) (lnl)
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| Filing 93 CERTIFICATE OF SERVICE of Motion of the U.S. Small Business Administration as Receiver for Fundex Capital Corporation for an Order Approving the Receiver's Notice and Determination of Claims, Authorizing Payment of Approved Claims and Establishing Summary Disposition Procedures, Affidavit in Support thereof, Memorandum of Law in Support of thereof, proposed Order and Exhibits served on Lawrence I. Linksman; Gellert & Klein; Granoff Walker & Forlenza PC; Porzio Bromberg & Newman; Joseph Nakash; Victoria Hyman; Marc Hyman; Lisa Mann; Shari L. Hope; Nancy J. Platkin; Sands & Co on July 20, 2012. Service was made by Mail. Document filed by United States Small Business Administration as Receiver for Fundex Capital Corp.. (Weinberg, Steven) |
| Filing 92 MEMORANDUM OF LAW in Support re: #89 MOTION to Approve Receiver's Notice and Determination of Claims, Priority of Claims, Authorizing Payment of Approved Claims and Establishing Summary Disposition Procedures.. Document filed by United States Small Business Administration as Receiver for Fundex Capital Corp.. (Weinberg, Steven) |
| Filing 91 NOTICE of and Determination of Claims Received in Response to the Claims Bar Date re: #89 MOTION to Approve Receiver's Notice and Determination of Claims, Priority of Claims, Authorizing Payment of Approved Claims and Establishing Summary Disposition Procedures., #90 Affidavit in Support of Motion,. Document filed by United States Small Business Administration as Receiver for Fundex Capital Corp.. (Weinberg, Steven) |
| Filing 90 AFFIDAVIT of Charles P. Fulford in Support re: #89 MOTION to Approve Receiver's Notice and Determination of Claims, Priority of Claims, Authorizing Payment of Approved Claims and Establishing Summary Disposition Procedures.. Document filed by United States Small Business Administration as Receiver for Fundex Capital Corp.. (Attachments: #1 Exhibit A)(Weinberg, Steven) |
| Filing 89 MOTION to Approve Receiver's Notice and Determination of Claims, Priority of Claims, Authorizing Payment of Approved Claims and Establishing Summary Disposition Procedures. Document filed by United States Small Business Administration as Receiver for Fundex Capital Corp..(Weinberg, Steven) |
| Filing 94 Letter addressed to Judge Cathy Seibel from Steven Weinberg, dated 7/13/2012, re: Counsel writes for the United States Small Business Administration writes: Any requirement for a pre-motion conference should be waived and the motion to lift the stay to commence a lawsuit based upon breach of the Guarantees should be timely heard since the motion to lift the stay is procedural in nature and since this will permit the parties to submit the substantive breach of the contract issue before this Court. Document filed by United States Small Business Administration as Receiver for Fundex Capital Corp. (lnl) |
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Filing 88
ENDORSED LETTER addressed to Judge Cathy Seibel from Steven Weinberg, dated 7/13/2012, re: Counsel for the United States Small Business Administration writes to request waiver of the pre-motion conference to permit the filing of the Receiver's motion for an Order Approving the Receiver's Notice and Determination of Clams, Priority of Claims, Authorizing Payment of the Approved Claims and Establishing Summary Disposition Procedures. ENDORSEMENT: Application Granted. So Ordered. (Signed by Judge Cathy Seibel on 7/17/2012) (lnl)
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Filing 87
ORDER AUTHORIZING A LIFT OF THE JUDICIAL STAY FOR A LIMITED PURPOSE: 1. The Receiver's Motion is granted in its entirety; 2. The judicial stay imposed in this proceeding by the Receivership Order is hereby lifted nunc pro tunc to November 23, 2009 for the specific, limited purpose of (i) allowing the bankruptcy case captioned In Re Joseph Amiglio in the United States Bankruptcy Court for the Eastern District of New York, Case No. 1-06-40312-JF to continue and conclude and (ii) to permit the Receiver to recover $49,742.12 from the Trustee based upon the Fundex proof of claim based upon Joseph Amiglio's personal guarantee of the loan to Amko International Trading, Inc filed in the bankruptcy court. 3. That the injunctive stay provisions of paragraph 7 remains in effect for all other actions and proceeding. So Ordered. (Signed by Judge Cathy Seibel on 4/2/2012) (lnl)
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| Filing 86 MEMORANDUM OF LAW in Support re: #85 MOTION for Entry of an Order Lifting the Judicial Stay for a Limited Purpose re: #84 Endorsed Letter,. MOTION for Entry of an Order Lifting the Judicial Stay for a Limited Purpose re: #84 Endorsed Letter,.. Document filed by United States Small Business Administration as Receiver for Fundex Capital Corp.. (Attachments: #1 Affidavit of Service)(Lee, Stewart) |
| Filing 85 MOTION for Entry of an Order Lifting the Judicial Stay for a Limited Purpose re: #84 Endorsed Letter,. Document filed by United States Small Business Administration as Receiver for Fundex Capital Corp.. (Attachments: #1 Exhibit A, #2 Affidavit of Service)(Lee, Stewart) |
| Filing 84 ENDORSED LETTER addressed to Judge Cathy Seibel from Steven Weinberg dated 3/2/2012 re: Request for a waiver of the pre-motion conference permission to move to modify the stay. ENDORSEMENT: Application granted. (Signed by Judge Cathy Seibel on 3/5/2012) (fk) |
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Filing 83
ORDER: This Court APPROVES AND CONFIRMS the First Receiver's Report for the Period November 23, 2009 through October 31, 2011 and the actions and the activities of the Receiver as reported therein. (Signed by Judge Cathy Seibel on 1/6/2012) (lnl)
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Filing 82
ENDORSED LETTER addressed to Judge Cathy Seibel from Steven Weinberg, dated 12/22/2011, re: Counsel for the United States Small Business Administration as Receiver for Fundex Capital Corp. writes: We note that Court issued an Order Approving and Confirming the First Receiver's Report on December 20, 2011 as Document # 81. We recommend that the Court withdraw the Order or that the Court permit the Order to remain on the docket subject to our office confirming to the Court by letter on or after January 3, 2012 that the Receiver was not aware of and was never served with any opposition with respect to the motion to approve the First Receiver's Report. ENDORSEMENT: Document #81 is withdrawn. The Court will await notification on or after 1/3/12. So Ordered. (Signed by Judge Cathy Seibel on 12/22/2011) (lnl)
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Filing 81
ORDER: This Court APPROVES AND CONFIRMS the First Receiver's Report for the Period November 23, 2009 through October 31, 2011 and the actions and the activities of the Receiver as reported therein. (Signed by Judge Cathy Seibel on 12/19/2011) (lnl)
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| Filing 80 NOTICE of First Receiver's Report for the Period November 23, 2009 through October 31, 2011 re: #77 MOTION to Approve and Confirm the First Receiver's Report for the Period November 23, 2009 through October 31, 2011., #79 Certificate of Service Other,, #78 Memorandum of Law in Support of Motion,. Document filed by United States Small Business Administration as Receiver for Fundex Capital Corp.. (Attachments: #1 Exhibit A)(Weinberg, Steven) |
| ***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - EVENT TYPE ERROR. Note to Attorney Steven Weinberg to RE-FILE Document #76 Status Report. Use the event type Receivers Financial Report found under the event list Other Documents. (ka) |
| Filing 79 CERTIFICATE OF SERVICE of Notice of Motion of the U.S. Small Business Administration as Receiver for Fundex Capital Corporation for Entry of an Order Approving and Confirming the First Receiver's Report ; First Receiver's Report; Memorandum of Law and Proposed Order served on William Young, Esq. Special Assistant U.S. Attorney and Fundex Capital Corp. on December 15, 2011. Service was made by Mail. Document filed by United States Small Business Administration as Receiver for Fundex Capital Corp.. (Weinberg, Steven) |
| Filing 78 MEMORANDUM OF LAW in Support re: #77 MOTION to Approve and Confirm the First Receiver's Report for the Period November 23, 2009 through October 31, 2011.. Document filed by United States Small Business Administration as Receiver for Fundex Capital Corp.. (Weinberg, Steven) |
| Filing 77 MOTION to Approve and Confirm the First Receiver's Report for the Period November 23, 2009 through October 31, 2011. Document filed by United States Small Business Administration as Receiver for Fundex Capital Corp..(Weinberg, Steven) |
| Filing 76 FILING ERROR - WRONG DOCUMENT TYPE SELECTED FROM MENU - STATUS REPORT. First Receiver's Report for the Period November 23, 2009 through October 31, 2011. Document filed by United States Small Business Administration as Receiver for Fundex Capital Corp.. (Attachments: #1 Exhibit A)(Weinberg, Steven) Modified on 12/16/2011 (ka). |
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Filing 75
ENDORSED LETTER addressed to Judge Cathy Seibel from Steven Weinberg, dated 12/12/2011, re: Counsel for the United States Small Business Administration as Receiver for Fundex Capital Corp. writes to request waiver of the pre-motion conference and for permission to move to modify the stay to permit the filing of a motion to review and approve the First Receiver's Report for the period commencing November 23, 2009 through October 31, 2011. ENDORSEMENT: Application Granted. So Ordered. (Signed by Judge Cathy Seibel on 12/13/2011) (lnl)
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Filing 74
ENDORSED LETTER addressed to Judge Cathy Seibel from Steven Weinberg, dated 10/17/2011, re: Counsel for the United States Small Business Administration as Receiver for Fundex Captial Corp writes: The attorneys should be directed to stop writing to this Court about the Wachovia loan and should be ordered to pay the attorney fees incurred by the Receiver for 4 hours at $200.00 per hour for review of the letters and enclosures, communication with the client, drafting this letter response and for communication with the Court. ENDORSEMENT: It seems to the Court that counsel for Mr. or Ms. Miniero could have objected to the proposed settlement with Wachovia at the time of the motion to approve the contract of sale, or could otherwise have safeguarded his clients' interests at that time. I will not impose attorney's fees but I agree that counsel for Ms. Miniero should stop asking this Court to "investigate" a now-closed matter in which he did not appear. So Ordered. (Signed by Judge Cathy Seibel on 10/18/2011) (lnl)
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Filing 73
ENDORSED LETTER addressed to Judge Cathy Seibel from Steven J. Borofsky dated 10/13/2011 re: Counsel asks the court to investigate this matter on behalf of the debtor. ENDORSEMENT: First, the Court does not "investigate" on behalf of anyone, let alone persons who did not appear to object to the sale. Second, as I said in my 9/20/2011 endorsement, the Receiver has undertaken to pay off the first lienholder. This matter should be taken up with the Receiver, who shall advise promptly if the Court's understanding is incorrect. SO ORDERED. (Signed by Judge Cathy Seibel on 10/14/2011) (mml)
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| Filing 72 Letter addressed to Judge Cathy Seibel from Steven J. Borofsky dated 10/14/2011 re: Enclosed please find emails received from the attorney for Wachovia Bank, Kiyam J. Pouson, Esq. Counsel for Wachovia Bank states in e-mail, they were never served with the foreclosure complaint by Fundex. (mml) |
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Filing 71
ENDORSED LETTER addressed to Steven Weinberg, Esq. from Andrew Rosner & Associates, dated 9/14/2011, re: Counsel writes: Enclosed please find a loan statement from Wachovia Bank who has the first lien on the Garden City property that your client foreclosed on at 142 Cherry Valley Avenue, Garden City, New York 11530. ENDORSEMENT: My 8/29/11 Order was entered on the understanding, from Mr. Fulford's affidavit (Doc. 69), that the Receiver had arranged to pay off the first lienholder. In the absence of any reason to believe that did not happen, there is nothing for me to do. This Order shall be mailed to Mr. Borofsky. So Ordered. (Signed by Judge Cathy Seibel on 9/19/2011) The Clerks Office Has Mailed Copies. (lnl)
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| Filing 70 Letter addressed to Judge Cathy Seibel from Steven Weinberg, dated 9/15/2011, re: Counsel for the United States Small Business Administration as Receiver for Fundex Capital Corp writes in response to the letter dated September 14, 2011 from Steven J. Borofsky of Andrew Rosener & Associates who represents Michael Miniero. Document filed by United States Small Business Administration as Receiver for Fundex Capital Corp. (lnl) |
| Filing 69 AFFIDAVIT of Charles P. Fulford in Support of Receiver's Confirmation Hearing for Entry of an Order for Leave to Proceed with a Private Sale of Receivership Real Property. (fk) (Additional attachment(s) added on 8/30/2011: #1 Bid) (fk). (Additional attachment(s) added on 8/30/2011: #2 Affidavit of Publication) (fk). |
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Filing 68
ORDER: IT IS HEREBY ORDERED AND DECREED AS FOLLOWS: 1. The Receiver is authorized, pursuant to 28 U.S.C. 2001 (b), to proceed with the private sale of real property commonly known as 142 Cherry Valley Avenue, Garden City, New York, 11530. 2. Notice of the proposed private sale and confirmation hearing, in the form approved by the Court was published in Newsday, a newspaper of general circulation, once, at least ten (10) days before the date of the confirmation hearing. 3. A bid equal to one hundred and ten (110%) percent of the original contract price was received prior to the deadline established by the publication notice and the Receiver conducted a telephone auction consistent with the purposes of 28 U.S.C. 2001 (b), pursuant to terms of sale established by the Receiver in its sole discretion. 4. The successful bid was the amount of $1,450,000.00 by Brian Negri, the Contract of Sale is confirmed and approved and the Receiver is directed to proceed to closing on the Contract of Sale for the sale of Property known as 142 Cherry Valley Avenue, Garden City, NY 11530 from the Receiver to Brian Negri for the consideration of $1,450,000.00 within thirty days of the date of this Order. 5. The Contract between the Receiver and Thomas and Michelle Mastanduono is cancelled and the Receiver is directed to refund the down-payment held in escrow to Mr. and Ms. Mastanduono. (Signed by Judge Cathy Seibel on 8/29/2011) (fk)
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| Minute Entry for proceedings held before Judge Cathy Seibel: Confirmation Hearing held on 8/29/2011. Anyone wishing to object was to have done so by now. Notice was published in Newsday and affidavit of publication submitted to the Court. In response to publication the Receiver did receive a bid (submitted to the Court). Telephone auction held. Court reviews documents, signs proposed order. See Courtflow transcript. (Court Reporter Courtflow) (fk) |
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Filing 67
ORDER: The Receiver is authorized, pursuant to 28 U.S.C. 2001 (b), to proceed with the private sale of real property commonly known as 142 Cherry Valley Avenue, Garden City, New York, 11530. The Receiver's request for a confirmation hearing is granted and said hearing shall be held in Courtroom 218, U.S. Courthouse, U.S. Courthouse, U.S. District Court for the Southern District of New York, 300 Quarropas St., White Plains, NY 10601 on August 29, 2011 at 10:30 p.m., or as soon thereafter as counsel may be heard. (See ORDER as set forth) (Signed by Judge Cathy Seibel on 7/20/2011) (lnl)
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| Filing 66 Letter addressed to Judge Cathy Seibel from Steven Weinberg, dated 7/18/2011, re: Our office represents the United States Small Business Administration as Receiver for Fundex Capital Corp. (the "Receiver"). We are writing this letter to advise that the time for any party to appear and oppose the Receiver's motion to approve the sale of 142 Cherry Valley Avenue, Garden City, NY from the Receiver to Mr. and Mrs. Mastanduono pursuant to 28 USC 2001 has expired. No party has e-filed or has appeared and served any opposition papers upon this office or upon the Receiver. Document filed by United States Small Business Administration as Receiver for Fundex Capital Corp. (lnl) |
| Set Hearing: Confirmation Hearing set for 8/29/2011 at 10:30 AM in Courtroom 218, 300 Quarropas Street, White Plains, NY 10601 before Judge Cathy Seibel. (lnl) |
| Filing 65 Letter addressed to Judge Cathy Seibel from (defendant, Michael Miniero in State Court action 984/08)Steven Borofsky dated 6/27/2011 re: State Court proceedings. (fk) |
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Filing 64
ORDER granting #55 Motion for Authorizing a lift of the Judicial Stay for a Limited Purpose. (Signed by Judge Cathy Seibel on 6/27/2011) (fk)
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| Filing 63 CERTIFICATE OF SERVICE of Motion for Entry of an Order Approving and Confirming the Private Sale of Receivership Real Property, Supporting Affidavit, Memorandum of Law in Support and Proposed Order served on Steven J. Borofsky, Esq.; John Foudy, Esq, Attorney for Michele & Thomas Mastanduono, and Joseph Ardito, Esq. on June 24, 2011. Service was made by Mail. Document filed by United States Small Business Administration as Receiver for Fundex Capital Corp.. (Weinberg, Steven) |
| Filing 62 MEMORANDUM OF LAW in Support re: #60 MOTION to Approve and Confirm the Private Sale of the Receivership Real Property.. Document filed by United States Small Business Administration as Receiver for Fundex Capital Corp.. (Weinberg, Steven) |
| Filing 61 AFFIDAVIT of Charles P. Fulford in Support re: #60 MOTION to Approve and Confirm the Private Sale of the Receivership Real Property.. Document filed by United States Small Business Administration as Receiver for Fundex Capital Corp.. (Attachments: #1 Exhibit A)(Weinberg, Steven) |
| Filing 60 MOTION to Approve and Confirm the Private Sale of the Receivership Real Property. Document filed by United States Small Business Administration as Receiver for Fundex Capital Corp..(Weinberg, Steven) |
| ***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Note to Attorney Steven Weinberg to RE-FILE Document #58 MOTION to Approve and Confirm the Private Sale of the Receivership Real Property. ERROR(S): Supporting documents must be filed separately, each receiving their own document number. Affidavit in Support of Motion is found under the event list Replies, Opposition and Supporting Documents. (ldi) |
| ***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Note to Attorney Steven Weinberg to RE-FILE Document #59 Memorandum of Law in Support of Motion. ERROR(S): Document linked to filing error. (ldi) |
| Filing 59 FILING ERROR - DEFICIENT DOCKET ENTRY - MEMORANDUM OF LAW in Support re: #58 MOTION to Approve and Confirm the Private Sale of the Receivership Real Property. Document filed by United States Small Business Administration as Receiver for Fundex Capital Corp. (Attachments: #1 Affidavit of Service)(Weinberg, Steven) Modified on 6/27/2011 (ldi). |
| Filing 58 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION to Approve and Confirm the Private Sale of the Receivership Real Property. Document filed by United States Small Business Administration as Receiver for Fundex Capital Corp. (Attachments: #1 Affidavit of Service)(Weinberg, Steven) Modified on 6/27/2011 (ldi). |
| Filing 57 ENDORSED LETTER addressed to Judge Cathy Seibel from Steven Weinberg dated 6/14/2011 re: Defendant United States Small Business Administration request waiver of the pre motion conference and for permission go move to approve the sale of 142 Cherry Valley Avenue, Garden City, NY from the Receiver to Mr and Mrs. Mastanduono pursuant to 28 U.S.C. sec 2001. ENDORSEMENT: Application Granted. (Signed by Judge Cathy Seibel on 6/17/2011) (rj) |
| Filing 56 MEMORANDUM OF LAW in Support re: #55 MOTION Order Lifting Judicial Stay for a Limited Purpose.. Document filed by United States Small Business Administration as Receiver for Fundex Capital Corp.. (Weinberg, Steven) |
| Filing 55 MOTION Order Lifting Judicial Stay for a Limited Purpose. Document filed by United States Small Business Administration as Receiver for Fundex Capital Corp..(Weinberg, Steven) |
| Filing 54 ENDORSED LETTER addressed to Judge Cathy Seibel from Steven Weinberg dated 5/31/2011 re: Counsel for receiver requests waiver of the pre-motion conference and permission to move to modify the stay to commence a lawsuit against ACMC Electric Corp. and John Doe Corp. ENDORSEMENT: Application granted. (Signed by Judge Cathy Seibel on 5/31/2011) (mml) |
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Filing 53
ORDER AUTHORIZING A LIFT OF THE JUDICIAL STAY FOR A LIMITED PURPOSE: IT IS HEREBY ORDERED AND DECREED THAT: The Receiver's Motion is granted in its entirety. The judicial stay imposed in this proceeding by the Receivership Order is hereby lifted for the specific, limited purpose of allowing the Receiver to pursue its rights and remedies, including continuing the judgment enforcement proceedings to among other things domesticate the New York judgment in Connecticut and commence any related proceeding necessary to execute or enforce any judgment that may be granted thereon, against Jay Berko and Robert Berko, who defaulted on an installment promissory note to Fundex Capital Corporation. That the injunctive stay provisions of paragraph 7 remains in effect for all other actions and proceedings. SO ORDERED. (Signed by Judge Cathy Seibel on 2/14/2011) (mml)
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Filing 52
ORDER AUTHORIZING A LIFT OF THE JUDICIAL STAY FOR A LIMITED PURPOSE:...IT IS HEREBY ORDERED AND DECREED THAT The receiver's motion is granted in its entirety; The judicial stay imposed in this proceeding by the Receivership Order is hereby lifted for the specific, limited purpose of (i) commencing a civil action styled United States Small Business Administration as Receiver for Fundex Capital Corporation v. Louis Minuto and Danielle Minuto seeking declaratory relief that Louis and Danielle Minuto as Purchasers are in breach of the real estate contract of sale with the United States Small Business Administration as Receiver for Fundex Capital Corporation upon refusing to close for the transfer of real property known as 142 Cherry Valley Avenue Garden City, NY and therefore the Receiver is entitled to keep the contract deposit of $62,500.00 as liquidated damages plus judgment and enforcement thereon. That the injunctive stay provisions of paragraph 7 remains in effect for all other actions and proceedings. SO ORDERED (Signed by Judge Cathy Seibel on 2/1/2011) (rj)
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| Filing 51 Letter addressed to Judge Cathy Seibel from Colum P. Nugent dated 1/19/2011 re:...It is respectfully submitted that the purchasers were extremely patient as they awaited a closing day.. They were presented with an opportunity to rent and subsequently purchase another property in which they could spend the holidays. They took that option. Purchasers herein seek a return of their down payment of $62,500,00. (rj) |
| Filing 50 MEMORANDUM OF LAW in Support re: #48 MOTION Order Lifting Judicial Stay for a Limited Purpose.. Document filed by United States Small Business Administration as Receiver for Fundex Capital Corp.. (Demas, Richard) |
| Filing 49 AFFIDAVIT of Charles Fulford in Support re: #48 MOTION Order Lifting Judicial Stay for a Limited Purpose.. Document filed by United States Small Business Administration as Receiver for Fundex Capital Corp.. (Demas, Richard) |
| Filing 48 MOTION Order Lifting Judicial Stay for a Limited Purpose. Document filed by United States Small Business Administration as Receiver for Fundex Capital Corp..(Demas, Richard) |
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Filing 47
ENDORSED LETTER addressed to Judge Cathy Seibel from Steven Weinberg dated 12/20/2010 re:...The Receiver is requesting permission to serve the motion to lift the stay and upon granting said request, service of the motion will be made upon the attorney for interested non-party, Luis and Danielle Minuto... ENDORSEMENT: Pre-motion conference to be held on: 1/28/2011 at 10:45 AM. Opposing counsel to state position (by letter not to exceed 3 pages) in writing one week in advance. SO ORDERED. (Signed by Judge Cathy Seibel on 12/30/2010) (mml)
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| Set/Reset Hearings: Pre-Motion Conference set for 1/28/2011 at 10:45 AM before Judge Cathy Seibel. (mml) |
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Filing 46
ENDORSED LETTER addressed to Judge Cathy Seibel from Steven Weinberg dated 12/20/2010 re: We are writing this letter to request waiver of the pre-motion conference and for permission to move to modify the stay to continue a lawsuit commenced in Connecticut to recover and enforce a judgment obtained pre-receivership in New York County, New York... ENDORSEMENT: Application Granted. SO ORDERED. (Signed by Judge Cathy Seibel on 12/22/2010) (mml)
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Filing 45
ENDORSED LETTER addressed to Judge Cathy Seibel dated 8/12/2010 re:...Pursuant to Paragraph 6 of the Order, the receiver is requesting that the Court cancel the confirmation hearing directed in paragraph 3 of the order rescheduled for August 17,2010 and the receiver will proceed with the private sale. ENDORSEMENT: APPLICATION GRANTED. SO ORDERED (Signed by Judge Cathy Seibel on 8/17/2010) (rj)
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Filing 44
ENDORSED LETTER addressed to Judge Cathy Seibel from Steven Weinberg dated 8/12/2010 re:...Pursuant to Paragraph 6 of the Order, the Receiver is requesting that the Court cancel the confirmation hearing directed in Paragraph 3 of the Order rescheduled for August 17,2010 and the Receiver will proceed with the private sale.. ENDORSEMENT: Application Granted. SO ORDERED (Signed by Judge Cathy Seibel on 8/13/2010) (rj)
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Filing 43
ORDER granting #40 Motion approving the form and manner of notice to be given to potential claimants and establishing a claims bar date; granting #41 Motion approving the form and manner of notice to be given to potential claimants and establishing a claims bar date... IT IS HEREBY ORDERED THAT: The Receiver's Motion for entry of an Order Approving the Form and Manner of Notice to Claimants and Establishing a Claims Bar Date is GRANTED... SO ORDERED.. (Signed by Judge Cathy Seibel on 7/26/2010) (mml)
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| Filing 42 LETTER addressed to Judge Cathey Seibel from Steven Weinberg dated 7/23/2010 Document filed by Fundex Capital Corporation.Our office represents the United States Small Business Administration asReceiver for Fundex Capital Corp. (the "Receiver"). This Court's Order issuedNovember 23, 2009 ("Receivership Order") contains injunctive relief provisionsthat stayed any legal proceedings with respect to assets of Fundex Capital Corp.Your Honor waived the pre-motion conference and granted permission for theReceiver to move to establish a claims bar date procedure in this receivershipproceeding when you "So Ordered" our letter requesting waiver on July 5, 2010.There are no parties who have appeared in this receivership proceeding....(jty) |
| Filing 41 MOTION approving the form and manner of notice to be given to potential claimants and establishing a claims bar date re: #40 MOTION approving form and manner of notice to be given to potential claimants and establishing a claims bar date.. Document filed by United States Small Business Administration as Receiver for Fundex Capital Corp..(Weinberg, Steven) |
| Filing 40 MOTION approving form and manner of notice to be given to potential claimants and establishing a claims bar date. Document filed by United States Small Business Administration as Receiver for Fundex Capital Corp.. (Attachments: #1 Exhibit Exhibit 1, #2 Exhibit Exhibit A, #3 Affidavit Certificate of Service)(Weinberg, Steven) |
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Filing 39
ORDER...IT IS HEREBY ORDERED AND DECREED AS FOLLOWS:1. The Receiver is authorized, pursuant to 28 U.S.C. 2001(b), to proceedwith the private sale of real property commonly known as 142 Cherry Valley Avenue, Garden City. New York, 11530. 2. Christopher Egan of Christopher Egan Appraisals Inc., Dana Eaton of Nassau Appraisal Services Inc. and Peter Jackson of Asset Valuation Group are approved as Appraisers of the Property pursuant to 28 U.S.C. 2001(b), and their appraised values of the real property are hereby approved 3. The Receiver's request for a confirmation hearing is granted and said hearing shall be held in Courtroom 218, U.S. Courthouse,300 Quarropas Street, White Plains, NY District Court for the Southern District of New York, on August 17, 2010 at 10:00 a.m., or as soonthereafter as counsel may be heard. 4. Notice of the proposed private sale and confirmation hearing, in the form of Exhibit A annexed hereto, shall be published in Newsday, a newspaper of general circulation, once, at least ten (10) days before the date of the confirmation hearing. 5. If any bids equal to or greater than a ten (10%) percent increase over the original contract price are received prior to the deadline established by the publication approved pursuant to paragraph 4 of this Order, the Receiver is ordered to conduct anauction consistent with the purposes of 28 U.S.C. 5 2001 (b), pursuant to rules to be established by the Receiver in its sole discretion. 6. If no higher bids are received by the deadline established in the publication approved in paragraph 4 of this Order, the Receiver is directed to cancel thehearing scheduled in paragraph 3 of this Order and the private sale of Property known as 142 Cherry Valley Avenue, Garden City, NY 11530 is approved from the Receiver to Mr. Louis Minuto and Ms. Danielle Minuto for the consideration of $1,250,000.00. The closing on the contract of sale is directed to proceed. IT IS SO ORDERED. (Signed by Judge Cathy Seibel on 7/20/10) (fk)
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Filing 38
ENDORSED LETTER addressed to Judge Cathy Seibel dated 7/16/2010 re:..We are writing this letter to request waiver of the pre-motion conference and for permission to move to approve the assignment of the option to purchase real property owned by Roseland Holding Corp.. ENDORSEMENT: Application granted. SO ORDERED. (Signed by Judge Cathy Seibel on 7/16/2010) (mml)
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| Filing 37 AFFIDAVIT OF SERVICE of Memorandum of Law in Support of Receiver's Motion to Approve Private Sale of 142 Cherry Valley Avenue, Garden City, NY served on Melvyn I. Stein, Esq. (counsel for non parties Michael Miniero and Sandra Miniero) and Collum Nugent, Esq. (counsel for Louis Minuto and Danielle Minuto) on July 2, 2010. Service was made by MAIL. Document filed by United States Small Business Administration as Receiver for Fundex Capital Corp.. (Weinberg, Steven) |
| Filing 36 MEMORANDUM OF LAW in Support re: #32 MOTION to Approve the private sale of Receivership Property located at 142 Cherry Valley Avenue, Garden City, NY.. Document filed by United States Small Business Administration as Receiver for Fundex Capital Corp.. (Weinberg, Steven) |
| Filing 35 AFFIDAVIT OF SERVICE of Proposed Order served on Melvyn I. Stein (counsel for non-parties Michael Miniero and Sandra J. Mineiro) and Collum Nugent, Esq. (counsel for Louis Minuto and Danielle Minuto) on July 2, 2010. Service was made by MAIL. Document filed by United States Small Business Administration as Receiver for Fundex Capital Corp.. (Weinberg, Steven) |
| Filing 34 AFFIDAVIT OF SERVICE of Receiver's Notice of Motion to Approve Private Sale of 142 Cherry Valley Avenue, Garden City, NY and Charles P. Fulford's Affidavit in Support of Receiver's Motion served on Melvyn I. Stein, Esq. (counsel for non-parties Michael Miniero and Sandra Miniero) and Collum Nugent, Esq. (counsel Louis Minuto and Danielle Minuto) on July 2, 2010. Service was made by MAIL. Document filed by United States Small Business Administration as Receiver for Fundex Capital Corp.. (Weinberg, Steven) |
| Filing 33 AFFIDAVIT of Charles P. Fulford in Support re: #32 MOTION to Approve the private sale of Receivership Property located at 142 Cherry Valley Avenue, Garden City, NY.. Document filed by United States Small Business Administration as Receiver for Fundex Capital Corp.. (Attachments: #1 Exhibit A - Proposed Notice, #2 Exhibit B - Proposed Publication Charges)(Weinberg, Steven) |
| Filing 32 MOTION to Approve the private sale of Receivership Property located at 142 Cherry Valley Avenue, Garden City, NY. Document filed by United States Small Business Administration as Receiver for Fundex Capital Corp.. (Attachments: #1 Text of Proposed Order)(Weinberg, Steven) |
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Filing 31
ENDORSED LETTER addressed to Judge Cathey Seibel from Steven Weinberg dated 6/30/2010 Our office represents the United States Small Business Administration asReceiver for Fundex Capital Corp. (the "Receiver"). This Court's Order issuedNovember 23, 2009 ("Receivership Order") contained injunction relief provisionsthat stayed any legal proceedings with respect to assets of Fundex capital Corp.We are writing this letter to request waiver of the pre-motion conference and for permission to move to establish a claims bar date procedure in this Receivership...ENDORSEMENT: Application granted. Pre-motion conference waived. SO ORDERED. (Signed by Judge Cathy Seibel on 7/5/2010) (jty)
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Filing 30
ENDORSED LETTER addressed to Judge Cathey Seibel from Steven Weinberg dated 6/21/2010...We are writing this letter to request waiver of the pre-motion conference and for permission to move to approve the sale of 142 Cherry Valley Avenue, Garden City, NY from the Receiver to Mr. and Ms. Minuto pursuant to 28 USC 2001.Fundex loaned money to 5 Forest Corp. 5 Forest Corp. defaulted on theloan. A real estate foreclosure lawsuit was pending against 5 Forest Corp. et alat the time the Receivership Order was issued. The Receiver was granted anorder lifting the stay to confirm the Referee's Report of Sale and to move for a deficiency judgment on January 25, 20l0. ENDORSEMENT: Application Granted. SO ORDERED. (Signed by Judge Cathy Seibel on 6/25/2010) (jty)
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Filing 29
ORDER AUTHORIZING A LIFT OF THE JUDICIAL STAY FOR A LIMITED PURPOSE:... IT IS HEREBY ORDERED AND DECREED THAT: 1. The Receiver's Motion is granted in its entirety; 2. The judicial stay imposed in this proceeding by the Receivership Order is hereby lifted for the specific, limited purpose of (i) allowing the civil action styled Fundex Capital Corporation v. Roseland Ranch Management LLC, Roseland Ranch Holdings LLC, SS Marks LL C, Roseland Ranch Development L L C, Morris Peter, Marks Brett, NYS Department of Taxation and Finance, NYS Department of Labor, Doe John, Doe Jane, currently pending before the Supreme Court, County of Dutchess Index No. 195412008, foreclosure proceeding to proceed; (ii) to permit commencement of legal proceedings against all legal entities and/or parties who may be liable for the Roseland Ranch loan default; (iii) to permit the Receiver to participate in the In Re Morris United States Bankruptcy Court Northern District of Texas Dallas Division Case No. 10-30240hdh 11 bankruptcy proceeding nunc pro tunc to May 1, 2010; (iv) to permit the Receiver to commence any legal proceeding permitted by law subsequent to any dismissal or discharge of the In re Morris bankruptcy case; and (v) to permit the Receiver to enter any judgment that may be granted in any legal proceeding, have execution therefore and to commence judgment enforcement proceedings in connection therewith. 3. That the injunctive stay provisions of paragraph 7 remains in effect for all other actions and proceedings. So Ordered. (Signed by Judge Cathy Seibel on 6/4/10) (fk)
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Filing 28
ORDER AUTHORIZING A LIFT OF THE JUDICIAL STAY FOR A LIMITED PURPOSE...IT IS HEREBY ORDERED AND DECREED THAT: 1. The Receiver's Motion is granted in its entirety; 2. The judicial stay imposed in this proceeding by the Receivership Order is hereby lifted for the specific, limited purpose of (i) allowing the Receiver to commence legal proceedings against Iris Pena and Luis Garcia on their respective guarantees for the loan to A&W 152 Food Corp.; and (ii) to permit the Receiver to enter any judgment that may be granted in any such legal proceedings and to commence judgment enforcement proceedings in connection therewith. 3. That the injunctive stay provisions of paragraph 7 remains in effect for all other actions and proceedings. So Ordered. (Signed by Judge Cathy Seibel on 5/21/10) (fk)
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| Filing 27 MEMORANDUM OF LAW in Support re: #26 MOTION for an Order to Lift the Judicial Stay for a Limited Purpose in re: Foreclosure Action by Fundex Capital Corp. v. Roseland Ranch Development, LLC - Supreme Court of the State of New York for the County of Dutchess, Index No. 1954/2008.. Document filed by United States Small Business Administration as Receiver for Fundex Capital Corp.. (Attachments: #1 Affidavit of Service)(Lee, Stewart) |
| Filing 26 MOTION for an Order to Lift the Judicial Stay for a Limited Purpose in re: Foreclosure Action by Fundex Capital Corp. v. Roseland Ranch Development, LLC - Supreme Court of the State of New York for the County of Dutchess, Index No. 1954/2008. Document filed by United States Small Business Administration as Receiver for Fundex Capital Corp.. (Attachments: #1 Affidavit of Service)(Lee, Stewart) |
| Filing 25 MEMORANDUM OF LAW in Support re: #24 MOTION for an Order to Lift the Judiical Stay for a Limited Purpose in re: A & W Food Corp., Iris Pena and Luis Garcia.. Document filed by United States Small Business Administration as Receiver for Fundex Capital Corp.. (Attachments: #1 Affidavit of Service)(Lee, Stewart) |
| Filing 24 MOTION for an Order to Lift the Judiical Stay for a Limited Purpose in re: A & W Food Corp., Iris Pena and Luis Garcia. Document filed by United States Small Business Administration as Receiver for Fundex Capital Corp.. (Attachments: #1 Affidavit of Service)(Lee, Stewart) |
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Filing 23
ENDORSED LETTER addressed to Judge Cathy Seibel from Steven Weinberg dated 4/27/2010 re: ...We are writing this letter to request waiver of the pre-motion conference and permission to move to modify the stay to permit the filing of an affidavit for confession of judgment, to permit judgment enforcement proceedings commenced by Fundex Capital Corp. to proceed to completion and to permit the Receiver to commence additional judgment enforcement proceedings... ENDORSEMENT: Application Granted. SO ORDERED. (Signed by Judge Cathy Seibel on 4/29/2010) (mml)
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Filing 22
ENDORSED LETTER addressed to Judge Cathy Seibel from Steven Weinberg dated 4/23/2010 re: We are writing this letter to request waiver of the pre motion conference and for permission to move to modify the stay permit a foreclosure lawsuit commented by Fundex Capital Corp. to proceed to completion and to proceed with the Receiver's legal remedies against Peter Morris.. ENDORSEMENT: Application Granted.PMC requirement waived. SO ORDERED (Signed by Judge Cathy Seibel on 4/23/2010) (rj)
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| Filing 21 LETTER addressed to Judge Cathey Seibel from Steven Weinberg dated 4/5/2010 Document filed by United States Small Business Administration as Receiver for Fundex Capital Corp. We are the local counsel for the United States Small Business Administration (the "SBA") in its capacity as the court appointed Receiver ("Receiver") for Fundex Capital Corp. ("Fundex") pursuant to this Court's Receivership/Consent Order of November 23, 2009...(jty) |
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Filing 20
STIPULATED ORDER MODIFYING CONSENT ORDER ENTERED ON NOVEMBER 23, 2009....IT IS HEREBY STIPULATED AND AGREED by the undersigned counsel for the parties hereto, and ORDERED by the Receivership Court, that: (I) the litigation stay set forth in paragraph 7 of the Receivership Order, is hereby partially modified nunc pro tunc as of tile date of the Receivership Order only with respect to the BNY Foreclosure Proceeding and for the limited purpose of permitting the parties on notice or that should be on notice to said Foreclosure Proceeding, to pursue their rights, remedies, interests, claims, defenses, offsets and counterclaims in the said Foreclosure Proceeding to be adjudicated by the Foreclosure Court for said bankruptcy proceedings, and that (2) the injunctive stay provisions of paragraph 7 remains in effect for all other actions and proceedings. SO ORDERED. (Signed by Judge Cathy Seibel on 4/22/2010) (mml)
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Filing 19
ORDER granting #14 Motion IT IS HEREBY ORDERED AND DECREED THAT: The receiver's Motion is granted in its entirety.....(Signed by Judge Cathy Seibel on 4/13/2010) (jma)
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| Filing 18 LETTER addressed to Judge Cathy Seibel from Steven Weinberg dated 4/9/2010 re:...We are writing this letter to request waiver of the pre-motion conferenceand for permission to move to modify the stay to permit a foreclosure lawsuitcommenced by Fundex Capital Corp. to proceed to completion and to proceedwith the Receiver's legal remedies against Peter Morris... Document filed by United States Small Business Administration as Receiver for Fundex Capital Corp..(mml) |
| Filing 17 LETTER addressed to Dear Judge Seibel from Steven Weinberg dated 4/9/2010 Document filed by United States Small Business Administration as Receiver for Fundex Capital Corp..This Court's Order issuedNovember 23, 2009 ("Receivership Order") contains injunctive relief provisionsthat stayed any legal proceedings with respect to assets of Fundex Capital Corp.Your Honor waived the pre-motion conference and granted permission for the Receiver to move to modify the stay to permit the Receiver to pursue judgmentenforcement for the F&R Deli Grocery Corp. loan default when you "So Ordered"our letter requesting waiver on March 19, 2010.(jma) |
| Filing 16 MEMORANDUM OF LAW in Support re: #14 MOTION Lifting Judicial Stay for a Limited Purpose re: A&W 152 Food Corp., Ramon Almonte and F&R Deli Grocery Food Corp.. Document filed by United States Small Business Administration as Receiver for Fundex Capital Corp.. (Weinberg, Steven) |
| Filing 15 AFFIDAVIT OF SERVICE of Notice of Motion and Proposed Order to Lift Judicial Stay for a Limited Purpose Motion to Lift Stay re A&W, Almonte & F&R served on Douglas A. Emanuel, Esq., A&W 152nd Food Corp., F&R Deli Grocery Food Corp., Ramon Almonte, Francisco Rosario on March 26, 2010. Service was made by MAIL. Document filed by United States Small Business Administration as Receiver for Fundex Capital Corp.. (Weinberg, Steven) |
| Filing 14 MOTION Lifting Judicial Stay for a Limited Purpose re: A&W 152 Food Corp., Ramon Almonte and F&R Deli Grocery Food Corp. Document filed by United States Small Business Administration as Receiver for Fundex Capital Corp.. (Attachments: #1 Text of Proposed Order Proposed Order)(Weinberg, Steven) |
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Filing 13
ORDER AUTHORIZING A LIFT OF THE JUDICIAL STAY FOR A LIMITED PURPOSE:...IT IS HEREBY ORDERED AND DECREED THAT: 1. The Receiver's Motion is granted in its entirety; 2. The judicial stay imposed in this proceeding by the Receivership Order is hereby lifted for the specific, limited purpose of.... SO ORDERED. (Signed by Judge Cathy Seibel on 4/5/2010) (mml)
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Filing 12
ENDORSED LETTER addressed to Judge Cathy Seibel from Steven Weinberg dated 3/19/2010 re:...We are writing this letter to request waiver of the pre-motion conference and for permission to move to modify the stay to permit the filing of an affidavit for confession of judgment... ENDORSEMENT: Application Granted. SO ORDERED. (Signed by Judge Cathy Seibel on 3/19/2010) (mml)
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| Filing 11 LETTER addressed to Judge Cathy Seibel from Steven Weinberg dated 3/5/2010 re:...We respectfully submit to Your Honor a copy of the Stipulated Order Modifying the Consent Order entered on November 23, 2009... Document filed by United States Small Business Administration as Receiver for Fundex Capital Corp.(mml) |
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Filing 10
MODIFYING CONSENT ORDER ENTERED ON NOVEMBER 23, 2009....IT IS HEREBY STIPULATED AND AGREED by the undersigned counsel for the parties hereto and ORDERED by the Receivership Court, that: (1) the stay set forth in paragraph 7 of the Receivership Order, is hereby partially modified nunc pro tunc as of the date of the Receivership Order only with respect to the refinance of the Conklin Services & Construction, Inc. Senior Secured Lenders for the limited purpose of permitting the closing and refinance to proceed: and that (2) the injunctive stay provisions of paragraph 7 remains in effect for all other actions and proceedings. SO ORDERED. (Signed by Judge Cathy Seibel on 3/15/2010) (mml)
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| Filing 9 LETTER addressed to Judge Cathy Seibel from Steven Weinberg dated 1/21/2010 re: Simultaneously herewith is a courtesy copy of the motion to lift the stay and we are e-filing same. No opposition has been e-filed and thus there is no reply. We are e-filing and e-mailing the proposed order to the Clerk of the Court.. Document filed by United States Small Business Administration as Receiver for Fundex Capital Corp..(mml) |
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Filing 8
ORDER granting #6 Motion re: #6 MOTION Order Lifting Judicial Stay for a Limited Purpose.......IT IS HEREBY ORDERED AND DECREED THAT: The Receiver's Motion is granted in its entirety; The judicial stay imposed in this proceeding by the Receivership Order is hereby lifted for the specific, limited purpose of allowing the civil action for foreclosure styled Fundex Capital Corporation v. 5 Forest Corporation, Sandra J. Miniero, Michael Miniero, Empire Liberfy Electric Corporation and United States of America, currently pending before the Supreme Court, County of Nassau Index No. 984108, for the sale of the real property therein and any related proceeding necessary to effectuate the sale ofthe real property therein to proceed, and That the injunctive stay provisions of paragraph 7 remains in effect for all other actions and proceedings. (Signed by Judge Cathy Seibel on 1/25/2010) (jma)
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| Filing 7 MEMORANDUM OF LAW in Support re: #6 MOTION Order Lifting Judicial Stay for a Limited Purpose.. Document filed by United States Small Business Administration as Receiver for Fundex Capital Corp.. (Weinberg, Steven) |
| Filing 6 MOTION Order Lifting Judicial Stay for a Limited Purpose. Document filed by United States Small Business Administration as Receiver for Fundex Capital Corp..(Weinberg, Steven) |
| Filing 5 NOTICE OF APPEARANCE by Steven Weinberg on behalf of United States Small Business Administration as Receiver for Fundex Capital Corp. (Weinberg, Steven) |
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Filing 4
ENDORSED LETTER addressed to Judge Cathy Seibel from Steven Weinberg dated 12/23/2009 re: We are writing this letter to request waiver of the pre-motion conference and for permission to move to modify the stay to permit a foreclosure lawsuit commenced by Fundex Capital Corp. to proceed to completion... ENDORSEMENT: Pre-motion conference is waived. SO ORDERED. (Signed by Judge Cathy Seibel on 12/23/2009) (mml)
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Filing 3
STIPULATION AND ORDER MODIFYING CONSENT ORDER ENTERED ON NOVEMBER 23, 2009............ IT IS HEREBY STIPULATED AND AGREED by the undersigned counsel forthe parties hereto, and ORDERED by the Receivership Court, that: (1) the litigation stay set forth in paragraph 7 of the Receivership Order, is hereby partially modified nunc pro tunc as of the date of the Receivership Order only with respect to the LibertyPointe Foreclosure Proceeding and for the limited purpose of permitting the parties on notice or that should be on notice to said Foreclosure Proceeding, to pursue their rights, remedies, interests, claims,defenses, offsets and counterclaims in the said Foreclosure Proceeding to be adjudicated by the Foreclosure Court for said bankruptcy proceedings, and that (2) the injunctive stay provisions of paragraph 7 remains in effect for all other actions and proceedings. (Signed by Judge Cathy Seibel on 12/17/2009) (jma)
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Filing 2
CONSENT ORDER AND JUDGMENT (JUDGMENT # 09,0262), in favor of United States of America against Fundex Capital Corporation in the amount of $ 7,039,247.76. SO ORDERED. (Signed by Judge Cathy Seibel on 11/23/2009) (mml) Modified on 11/24/2009 (dcr).
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| Filing 1 COMPLAINT against Fundex Capital Corporation. Document filed by United States of America.(mml) |
| SUMMONS ISSUED as to Fundex Capital Corporation. (mml) |
| Magistrate Judge LISA M. SMITH is so designated. (mml) |
| Case Designated ECF. (mml) |
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