Securities and Exchange Commission v. Biltmore Financial Group, Inc. et al
| Securities and Exchange Commission |
| Biltmore Financial Group, Inc., Joshua Vance Huffman, Jr. and Gilda Bolick Huffman |
| 5:2008cv00136 |
| November 12, 2008 |
| US District Court for the Western District of North Carolina |
| Securities/Commodities Office |
| Catawba |
| Carl Horn |
| Richard Voorhees |
| None |
| U.S. Government Plaintiff |
| 15:5(a) Fair Labor Standards Act |
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Available Case Documents
The following documents for this case are available for you to view or download:
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Filing
161
ORDER OF DISTRIBUTION of Funds of $4,226.80 to Mr. Xavier Taylor. Signed by Clerk, Frank G. Johns. (cbb)
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Filing
157
CLERK'S JUDGMENT is hereby entered in accordance with the Court's Order dated 3/12/14. Signed by Clerk, Frank G. Johns. (smj)
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Filing
156
ORDER approving re 143 Final Report and Accounting of Receiver. The Receiver is authorized to deposit the funds to be distributed to the victims into the trust account of The Hutchens Law Firm. The distribution of the funds in the Receivership Estate shall be completed within 15 days from the entry of this Order. Signed by District Judge Richard Voorhees on 3/12/14. (smj)
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Filing
154
CONSENT ORDER Granting Final Application of Hutchens Senter Kellam & Pettit, P.A. for Compensation and Reimbursement of Expenses as Counsel for the Receiver. Signed by District Judge Richard Voorhees on 2/25/2014. (cbb) (Main Document 154 replaced on 2/25/2014) (cbb). Replaced image with signed copy of Order. Regenerated NEF.
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Filing
113
ORDER granting 108 Motion To Confirm Public Sale ; granting 109 Motion to Confirm Public Sale; granting 110 Motion To Approve Private Sale; granting 111 Motion To Approve Public Sale. Signed by District Judge Richard Voorhees on 3/28/13. (smj)
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Filing
95
ORDER denying 91 Receiver's Motion to Approve Private Sale. Signed by District Judge Richard Voorhees on 10/30/12. (smj)
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Filing
92
ORDER approving 89 Motion To Establish Procedure To File And Allow Claims and for Other Relief. Signed by District Judge Richard Voorhees on 10/5/12. (smj)
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Filing
88
ORDER granting 87 Motion to Approve Private Sale of Real Property Free and Clear of All Liens, Claims, and Encumbrances. See order for details. Signed by District Judge Richard Voorhees on 3/28/2012. (cbb)
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Filing
86
ORDER granting 82 Motion for Compensation and Reimbursement. Receiver is authorized to pay Applicant the sum of $14,554.50 as accountant's fees in this matter for the period of 2/1/2010 through 10/29/2010. Signed by District Judge Richard Voorhees on 12/29/2011. (cbb)
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Filing
84
ORDER terminating 78 Motion by Receiver to Approve Compromise and Stlmt of Clms; granting 80 Amended Motion to Approve Compromise and Stlmt of Clms. Receiver is authorized to enter into and execute the Stlmt Agmt appended to Amended Motion. Receiver authorized to release and settle all claims against Mountain View Baptist. In exchange for Receiver's stlmt and release of all claims against Mountain View, and consistent with terms of Stlmt Agmt, Receiver is authorized to accept the $382,169.94 offered by Mountain View Baptist in full satisfaction of any and all claims that Receiver or the SEC may have against Mountain View Baptist. Signed by District Judge Richard Voorhees on 4/7/2011. (cbb)
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Filing
77
ORDER granting 74 Motion To Approve Private Sale of Real Property Free And Clear Of All Liens, Claims, And Encumbrances. Receiver authorized to sell to Joel and Linda K. Blackburn real property located at Pine Ridge Condominium, Boone, NC, for $175,000. Signed by District Judge Richard Voorhees on 9/21/2010. (cbb)
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Filing
76
ORDER granting 73 Motion for Compensation and Reimbursement of Expenses as Accountant for Receiver. Receiver authorized to pay $18,087.67 as accountant's fees. Signed by District Judge Richard Voorhees on 8/30/2010. (cbb)
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Filing
71
ORDER granting 70 Motion to Confirm Public Sale of Real Property; Court confirms sale as to certain properties but does not confirm sale as to other properties. See Order for details. Signed by District Judge Richard Voorhees on May 26, 2010. (cbb)
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Filing
69
ORDER granting re 68 Application to Employ Realtor for Receiver. That the receiver is authorized to employ Gary Boyd Auction and Real Estate and to pay Gary Boyd Auction and Real Estate such compensation as may be approved by this Court upon Application and Notice. Signed by District Judge Richard Voorhees on 4/16/10. (smj)
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Filing
66
ORDER granting 65 the stay of discovery, pleadings practice and other proceedings among the parties unrelated to the activities of the Receiver effected by the 2/12/10 Order of this Court.. Signed by District Judge Richard Voorhees on 4/1/10. (smj)
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Filing
64
ORDER granting 63 Consent Motion To Extend Stay of Proceedings among the parties unrelated to the activities of the Receiver effected by the December 16, 2009 Order and shall be extended through and including 4/1/10, provide d, however, the Commission shall be free, without first seeking relief from this Order, to file a motion seeking from Defendants disgorgement, prejudgment interest thereon and civil penalties.. Signed by District Judge Richard Voorhees on 2/12/10. (smj)
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Filing
62
ORDER granting 55 Motion for Attorney Fees. Receiver authorized to pay Kellam & Pettit, P.A. the sum of $29,455.80 as attys' fees in this matter along with expenses in sum of $399.02 for period between 6/24/2009 through 9/30/09. Signed by District Judge Richard Voorhees on 12/29/2009. (cbb)
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Filing
60
ORDER granting 54 Motion For Approval of Real Property Disposition Procedures. Signed by District Judge Richard Voorhees on 12/18/09. (smj)
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Filing
59
ORDER granting 57 Motion to Extend Stay. Stay extended through and including 2/15/2010. Signed by District Judge Richard Voorhees on 12/16/2009. (cbb) Modified on 12/18/2009 to change signing date (smj).
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Filing
51
ORDER granting 50 Joint Motion to Stay discovery, pleadings practice and other proceedings among the parties unrelated to the activities of the Receiver are hereby stayed through and including December 15, 2009. Signed by Magistrate Judge David S. Cayer on 9/28/09. (smj)
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Filing
49
ORDER re 48 Application To Pay Auctioneer ordering that the Receiver be and he herewith is authorized to pay to Gary Boyd Auction and Real Estate, out of the assets of the Receiver Estate, the sum of $115,154.55 as commission along with expenses in the sum of $9,276.83.. Signed by District Judge Richard Voorhees on 9/8/09. (smj)
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Filing
47
ORDER granting 46 Motion to Confirm Sales of Personal Property. Receiver authorized to execute whatever dcmts which may be required to consummate these sales. Signed by District Judge Richard Voorhees on 8/19/2009. (cbb)
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Filing
44
ORDER granting 43 Motion for Attorney Fees. Receiver is authorized to pay Kellam & Pettit, P.A. the sum of $59,088.00 as attys' fees along with expenses of $836.01 for the period of time from 2/11/2009 through 6/26/2009. Signed by District Judge Richard Voorhees on 7/31/2009. (cbb)
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Filing
20
ORDER granting 19 Motion to Employ Accountant for Receiver; Receiver's employment of acctg firm of Middlesworth and Bowers, P.A. as accountants for Receiver is approved and all fees for services rendered by accountants shall be paid only after Application to and approval by this Court. Signed by District Judge Richard Voorhees on 2/13/2009. (cbb)
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Filing
16
ORDER granting 13 Motion for Employment of Kellam & Pettit, PA as cnsl for Receiver; all fees for services rendered by attys shall be pd only after Application to and approval by this Court. Signed by District Judge Richard Voorhees on 1/27/2009. (cbb)
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