On March 20, 2023, the United States District Court held its hearing on the Receiver’s Motion to Approve the Sale of the Amerigold Suites Property, which sale has since been approved by the Court. As to the other two property sales originally set for the same day (regarding the Bellwether Ridge and Windmill Farms apartment developments), third party Southern Properties Company, Ltd. (“SPC”) filed an oppostion to the Receiver’s motion, claiming that it had successfully converted its debt into equity of the development’s owners’ parents. The Receiver asked the Court to continue the hearing as to these properties and to enter a briefing schedule for summary judgment briefing on the issue of ownership of the developments. On April 13, 2023, the Receiver filed a Motion for Summary Judgment Regarding SPC’s Claimed Ownership. A copy of the Receiver’s brief is available here. SPC’s response brief is currently due on or before May 4, 2023, with any Reply by the Receiver due on or before May 18, 2023.
On April 17, 2023, the Receiver filed his Motion to Approve Settlement Agreement with HNGH regarding the property at 2999 Turtle Creek. A copy of the Motion, including the Settlement Agreement, are available here.
On April 30, 2023, the Receiver filed his status report for the First Quarter of 2023. A copy of the Report may be viewed here. The deadline for the Receiver to file his next report is July 30, 2023.
On May 15, the Court entered orders granting the Receiver’s Motion to Compel and Motion to Approve Settlement Agreement with HNGH. Copies of the orders can be accessed here and here. On May 15, the Receiver also filed his Second Quarterly Fee Application. A copy of the Fee Application and Appendix in support can be accessed here and here.
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