Opinion
17-cv-10963
03-13-2022
UNITED STATES SECURITIES AND EXCHANGE COMMISSION, Plaintiff, v. TREASURE ENTERPRISE LLC, PATRICIA ENRIGHT GRAY and LARRY ALLEN HOLLEY Defendants, and KINGDOM ASSET MANAGEMENT LLC and CARLEEN RENEE HOLLEY, Relief Defendants.
ORDER GRANTING MOTION OF RECEIVER TO AUTHORIZE DISCOUNTED PAYOFF OF LAND CONTRACT AND TRANSFER OF TITLE FOR PROPERTY LOCATED AT 5601 N. SAGINAW, FLINT, MICHIGAN
MATTHEW F. LEITMAN UNITED STATES DISTRICT JUDGE
This matter having come before the Court upon the Motion of Receiver to Authorize Discounted Payoff of Land Contract and Transfer of Title for Property Located at 5601 N. Saginaw, Flint, Michigan (the “Motion”) filed by O'Keefe & Associates Consulting, LLC and Patrick O'Keefe (the “Receiver”); due and sufficient notice having been given; no objections to the relief requested in the Motion having been filed, or all such objections having been overruled; and the
Court being fully advised in the premises:
THE COURT HEREBY FINDS THAT:
A. This Court has jurisdiction over this action pursuant to Section 22 of the Securities Act of 1933 [15 U.S.C. § 77a et seq.] and Section 27 of the Securities Exchange Act of 1934 [15 U.S.C. § 78a et seq.] (the “Exchange Act”).
B. Venue is proper in this Court pursuant to Section 27 of the Exchange Act.
C. The Receiver is the duly appointed receiver pursuant to this Court's Sealed Order Appointing Receiver [Docket No. 10] entered on March 28, 2017 (the “Receivership Order”).
D. Pursuant to Paragraph 7 of the Receivership Order, the Receiver was authorized:
To use reasonable efforts to determine the nature, location and value of all property interests of Receivership Defendants, including, but not limited to, monies, funds, effects, goods, chattels, lands, premises, leases, claims, rights and other assets, together with all rents, profits, dividends, interest or other income attributable thereto, of whatever kind, which Receivership Defendants own, possess, have a beneficial interest in, or control directly or indirectly ("Receivership Property" or, collectively, the "Receivership Estates") (emphasis added).
NOW, THEREFORE, IT IS ORDERED AND ADJUDGED THAT:
1. The Motion is GRANTED in its entirety.
2. Terms not defined herein shall have the meaning set forth in the Motion.
3. The Receiver is authorized to accept the Purchase Price, in full settlement of the amounts due under the Land Contract and to close under the Purchase Agreement.
4. The Purchaser is to assume and pay all outstanding taxes and assessments, transfer taxes, closing fees and title costs related to the Property. No real estate commission is owing on this transaction. The receivership estate will receive the Purchase Price, without deduction, at the closing.
5. The Receiver is authorized to execute such documents as the title company may require to transfer the receivership estate's interest in the Property to the Purchaser and to enable the title company to issue the title policy to the Purchaser.
IT IS SO ORDERED.